FIROZ MALIK AND OTHERS Vs. RAKESH KUMAR TYAGI AND ANOTHER
LAWS(UTN)-2013-10-75
HIGH COURT OF UTTARAKHAND
Decided on October 01,2013

Firoz Malik And Others Appellant
VERSUS
Rakesh Kumar Tyagi And Another Respondents

JUDGEMENT

- (1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the charge-sheet dated 19.12.2009 and the summoning order dated 20.12.2009 passed by the Special Judicial Magistrate, C.B.I., Dehradun in Criminal Case No.14 of 2009 titled as CBI vs. Firoz Malik & others under Section 120-B read with Sections 420, 467, 468 & 471 IPC. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) An FIR was lodged by the respondent no.1 (Punjab National Bank) against the accused-applicants for the offences punishable under Section 120-B read with Sections 420, 467, 468 & 471 IPC. After the investigation, a chargesheet was submitted against accused-applicants for the selfsame offences. The cognizance was taken by the Special Judicial Magistrate, CBI, Dehradun, vide order dated 20.12.2009 and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicants.
(3.) Learned counsel for the respondent no.1 drew attention of this Court to the One Time Settlement (OTS) / Compromise dated 31.08.2009 (Annexure-2 to the present petition) entered into between the applicants and the Punjab National Bank/respondent no.1.;


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