NIKUNJA KISHORE DAS Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
Nikunja Kishore Das
STATE OF ODISHA
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B. P. Routray, J. -
(1.) The order dated 16.8.2019 passed by the learned st Additional Special Judge, (Vigilance), Bhubaneswar in T.R. No.17/10 of 2015/2007 rejecting the prayer of the petitioner to discharge him has been assailed in the present revision.
(2.) The petitioner is the Managing Director of M/s. Kalinga Beverage Pvt. Ltd., Janla. It is alleged that the present petitioner along with the co-accused, Subhankar Routray and the excise officials have presented 44 numbers of forged treasury challans amounting to Rs.1,36,97,864/- in order to issue pass in favour of the company-M/s. Kalinga Beverage Pvt. Ltd. to lift IMFL in between the period 28.11.1996 to 29.01.1998. Presentation of these fake and forged treasury challans were subsequently detected in the audit leading to registration of the F.I.R. on 8.6.1998 for the offences under Secs.420/468/471/120-B, I.P.C. and Secs.13(2) read with 13(1)(d) of the P.C. Act, 1988. Consequently on completion of investigation, charge-sheet was submitted on 31.12.2001 for the aforesaid offences against six accused persons including the present petitioner and Subhankar Routray.
(3.) A prayer was made on behalf of the petitioner before the learned trial court to discharge the petitioner from accusation of the offences on the ground that presentation of forged treasury challans were beyond his knowledge being dealt by Subhankar Routray, who signed the challans and had the responsibility of presenting them to the Bank as well as getting necessary pass for lifting IMFL. This has been admitted by said Subhankar Routray by swearing an affidavit on 13.5.1998 absolving the knowledge of the present petitioner in such presentation of the challans. But the learned trial court upon consideration of the prayer of the petitioner has rejected the same observing the limited scope to be looked into at the time of framing of charge and by holding prima facie case against the present petitioner for the offences.;
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