Prevention of Corruption Act, 1988–Sec. 13(1)(d) & 13(2)–Penal Code, 1860–Sec. 120-B–Order of framing the charge–Sustainability–Petitioner is not a govt. servant–No evidence on record to show that he accepted gratification as a motive or reward for doing or forbearing to do any official act–Case of prosecution that the accused R used to buy the groceries from the petitioners’ shop and he had a credit account with the petitioner but no such transaction account is available on record–Impugned order does not reflect that how the offence u/s. 120-B is made out–No conversation between the petitioner and principal accused R–No direction of the principal accused to the decoy to hand-over the amount to petitioner–Certificate u/s. 65-B as regard to the alleged conversation between the principal accused and the complainant was also not produced–Impugned order suffers from serious illegality and gross impropriety –Quashed and set aside.
