KANT TRIPATHI,J - (1.) BY the instant petition under section 482 Cr.P.C., the petitioner Daminder Singh Batra has prayed for quashing the proceedings of the Criminal case No. 13 of 2008 - State v. Daminder Singh Batra and others under sec­tions 120-B read with sections 420 and 471 IPC arising out of R.C. BD 1/2007/E/0004 of CBI/BS & FC/New Delhi, pending in the Court of Special Judicial Magistrate (C.B.I.), Lucknow.
(2.) COUNTER affidavit and rejoinder affidavits have been exchanged. I have heard Mr. R.K. Anand, the learned Senior Counsel assisted by Sri Akhilesh Kalra for the petitioner, Sri Vireshwar Nath, the learned Counsel for the C.B.I, and Sri Rajendra Kumar Dwivedi, the learned A.G.A. on behalf of the State of U.P. and perused the record.
(3.) THE first submission of Mr. R.K. Anand, the learned Senior Counsel appear­ing for the petitioner was that the charge sheet, statements of the witnesses recorded, and documents collected, during the inves­tigation do not make out any offence against the petitioner. The whole transac­tion of lease financing was of a civil nature and there was no criminal intent. The charge sheet filed by the CBI had not been annexed with the statements of the wit­nesses recorded under section 161 Cr.P.C.;