- (1.) Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Imran Ullah, learned counsel for the applicant, Shri Gyan Prakash, learned counsel for the Central Bureau of Investigation and Shri Anandi Krishna Narayana, learned counsel for respondent No. 2 and perused the record of the Case.
(2.) By means of this application under Section 482 of Code of Criminal Procedure (hereinafter referred to "the Code") the applicant has prayed for quashing of the impugned charge sheet dated 28.12.2017 and the order dated 02.1.2018 passed by the learned Special Judge, Anti Corruption (CBI) Court No. 3, Ghaziabad whereby the learned Judge has taken cognizance of the offence as well as the entire proceedings of Case No. 01 of 2018 (CBI Vs. Manoj Sharma and others) arising out of FIR No. 0532014S00007 (RD-07(S)/2014/CBI/SCB/LKO, under sections 120-B, 420, 467, 468, 471 IPC and section 13(2) read with 13(1) of Prevention of Corruption Act, 1988, CBI, SCB, Lucknow pending in the Court of learned Special Judge, Anti-Corruption (CBI), Court No. 3, Ghaziabad.
(3.) In brief, the facts of the case are that on 01.8.2014 a letter was written by the Deputy General Manager/Regional head, Bank of Baroda, Regional Office, Agra (UP) to the Superintendent of Police, CBI, SCR, Lucknow for registration of the FIR in respect of the fraud committed at the bank of Baroda, Shikohabad Branch, district Firozabad, (U.P.) levelling certain allegations of fraud. In the letter three persons were named as accused. On the basis of the aforesaid letter, a case was registered by the Central Bureau of Investigation, Lucknow at case crime No. RC/07(S)/2014/CBI/SCB/LKO nominating three accused persons, unknown bank officers and others. After the completion of investigation, the CBI submitted a charge sheet in which the applicant has also been nominated as one of the accused. The relevant portion of the charge sheet insofar as the applicant is concerned, reads as under: "(xxvi) It has further come to light that for purpose of the machinery, the borrowers had submitted the quotation of M/s Bansal Flour Mill Engineers for supply of machinery worth 2.3 crore approximately for setting up of 4 Body Roller Flour Mill Plant with 6 Chakki Atta Plant and had entered into an agreement with it. M/s Bansal Flour Mill Engineers issued 13 bills of different dates amounting to Rs. 79,96,290/- towards supply of machinery to M/s Bhole Flour Mills. Investigation further revealed that these bills were not submitted by the borrowers to the Bank but photocopies of fake bills with the same number, date and description of machinery with inflated amounts were deposited with the bank totaling Rs. 2,26,63,012/-. Shri Sunil Gupta, Director of M/s Bansal Flour Mills Engineers and Dwarika Dheesh Chauhan, Representative of the firm during examination have denied issuance of the 12 bills amounting to Rs. 2,26,63,012/-. On the other hand, they have stated that they had issued 13 genuine bills amounting to Rs. 79,96,290/-. Against the bills of Rs. 2,26,63,012/- submitted by the borrowers, the bank made a payment of Rs. 1,94,00,000/- through RTGS from the current account No. 29220200000040 of M/s Bhole Flour Mills to current account No. 600130100020802 of M/s Bharat Foils Ltd. Maintained with Bank of India Asaf Ali Road Branch, Delhi. It has come to light during investigation that all the financial transactions on behalf of Bansal Flour Mills Engineers were carried out through the account of M/s Bharat Foils Ltd. Whose owner is also Sunil Gupta, which is evident from the statement of accounts of M/s Bharat Foils Ltd. (xxvii) Investigation has further revealed that an amount of Rs. 1,20,00000/- was returned by Sunil Gupta to M/s Bhole Flour Mills through seven cheques issued under his signatures with the intention to cheat and siphoned off the Bank funds. The said cheques were deposited by the borrowers in another current account bearing No. 725220110000054 of M/s Bhole Mills maintained with Bank of India, Firozabad and the entire amount was withdrawn by the partners of M/s Bhole Flour Mills. Shri Sunil Gupta connived and facilitated in the said siphoning of the bank funds.";