- (1.) Leave granted.
(2.) This Appeal directed against the judgment and order of the Patna High Court pertains to refusal to exercise jurisdiction under Section 482, Cr. P.C. in the matter of discharge of the complaint against the petitioner under Sections 120-B, 409, 420, 468, 471, 477-A, IPC read with diverse provisions of Prevention of Corruption Act in RC No. 35/85 before the Special Judge, Patna. On the factual score it appears that the First Information Report was lodged against one S. K. Roy, Branch Manager, Birpur Branch of Central Bank of India alleging inter alia that in connivance with some other named accused he has cheated the Bank to the tune of Rs. 7,47,000/- by misusing his official position, and thus, wrongful loss to the Bank to the above extent and wrongful gain to himself and others having entered into a criminal conspiracy with Ved Prakash Agrawal, Satya Narain Agrawal and M/s. Arun Khadya Tel Udyog. During the course of investigation by Central Bureau of Investigation (CBI), the present appellant's name surfaced from the record that the latter having an Account in the Bank made an application on 8th February, 1985 for sanction of loan of Rs. 14 lakhs for urgent payment of labourers in contract work. It has also come to light that the Branch Manager S.K. Roy has given sanction and allowed a total amount of overdraft facility to the extent of Rs. 21,50,000/- on different dates to the appellant. It is this grant of overdraft facility which have been very strongly criticised by Mr. Altaf Ahmed, the learned Additional Solicitor General. Mr. Ahmed contended that the Branch Manager of the Bank has had no power to the grant of overdraft facility beyond a sum of Rs. 10,000/- and this accommodation to the appellant herein is, obviously, for reasons not far to seek.
(3.) The contextual facts depict that Inspector of Police, SPE, CBI, Patna Shri Jyoti Kumar lodged an FIR being RC No. 35/85 Patna wherein it has been alleged as below : "An information has been received through a reliable source that Shri S.K. Roy, while functioning as Branch Manager, Birpur Branch of Central Bank of India during the period 1983 to 1985 entered into a criminal conspiracy with S/Shri Ved Prakash Agrawal, Satya Narain Agrawal, M/s. Arun Khadya Tel Udyog and others and cheated the Central Bank of India to the tune of Rs. 7,47,000/- by misusing his official position and thus caused wrongful loss to the Bank to the extent of Rs. 7,47,000/- with corresponding wrongful gain to himself and others. 2. It is alleged that Shri Ved Prakash Agrawal applied for loan and filled up only the amount of finance required by him leaving all the other particulars including the nature of business blank in the loan application form. Shri S. K. Roy, Branch Manager sanctioned Rs. 10,000/- cash credit open limit on ad hoc basis pending regular proposal and sanction, Shri S. K. Roy also fraudulently and dishonestly allowed the party to draw to the extent of Rs. 2,57,655.55 without knowing the nature of business and without obtaining the financial statement, financial report, inspection report and stock statement. 3. It is alleged that there was no shop/establishment in the name of Shri Ved Prakash Agrawal. 4. It is alleged that Shri Ved Prakash Agrawal (A-3) was fraudulently and dishonestly allowed by Shri S. K. Roy (A-1) to withdraw to the extent of Rs. 89,464.10 without any loan application, proposal, sanction, financial statement, financial report, stock statement and inspection report. It is also alleged that this also is a fake and fictitious financing since there is no establishment/shop in the name of Shri Satya Narain Agrawal (sic). 5. Further it is alleged that M/s. Arun Khadya Tel Udyog (A-4) was allowed by A-1 Shri S. K. Roy to draw to the extent of Rs. 4,94,620.50 without regular proposal, sanction, financial statement, financial report and inspection report. All the documents are blank, undated and unstamped. 6. It is also alleged that Shri S.K. Roy (A-I) made fictitious finance as term loans even to the citizens of Nepal. A few names given in the records of the Bank with their addresses from Nepal are as under :- i. Bihari Mandal, Biral Nagar, Nepal. ii. Nageshwar Mandal, Inarwa, Nepal. iii. Narain Prasad Shah, Lahi, Nepal. iv. Deo Narain Yadav, Lahi, Nepal. v. Jageshwar Mandal, Bhim Nagar, Nepal. 7. It is learnt that Birpur Branch is a medium grade Branch and the financial competence of the Branch Manager in respect of overdrafts is Rs. 10,000/- only. Shri S. K. Roy, A-1 transgressed his financial competence and allowed the following clean over- drafts and that (too) to the same parties several times on different dates :- 1. Shri Hardeo Singh : Rs. 13,50,000/- on 28-1-85 and Rs. 14,00,000/- on 16-2-85. 1. Shri D.M. Tiwari : Rs. 1,00,000/- on 13-3-84 Rs. 1,00,000/- on 28-6-84 and again Rs. 1,50,000/- on 23-6-84. 8. The aforesaid facts disclose commission of offence u/Ss. 120-B, 409, 420, 468, 471, 477-A, IPC and 5(2) r/w 5(1)(c) and (d) of the P. C. Act (Act II of 1947) by Shri S. K. Roy, Branch Manager, Central Bank of India, Birpur Branch, Shri Ved Prakash Agrawal, Shri Satya Narain Agrawal, M/s. Arun Khadya Tel Udyog all of Birpur and others.";