Dinesh Kumar Singh, J. - (1.) This petition under Section 482 Cr.P.C. has been filed for setting aside the order dated 6.3.2019 and 30.4.2019 passed by the Special Judge, C.B.I. Anti-Corruption (Central), Lucknow and a direction to the Special Judge, C.B.I. Anti-Corruption (Central), Lucknow for conducting the trial instituted on a police report, Criminal Case No.1051 of 2018 (C.B.I. vs. Vikram Kothari and others) as per the provisions of the Code of Criminal Procedure.
(2.) The C.B.I. registered a case on 18.2.2018 under Sections 120-B, read with Section 420, 467, 468 and 471 IPC and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act (for short 'PC Act') on the basis of written compliant dated 18.2.2018 of Brijesh Kumar Singh, Deputy General Manager/Regional Head, Bank of Baroda, Kanpur against M/s Rotomac Global Private Limited (for short 'M/s RGPL'), Vikram Kothari, Chairman-cum-Managing Director of M/s RGPL, Smt. Sadhana Kothari W/o Shri Vikram Kothari, Director of M/s RGPL, Shri Rahul Kothari S/o Shri Vikram Kothari and Director of M/s RGPL, Kanpur and unknown bank officials and private persons.
(3.) Allegations in the FIR are that M/s RGPL and its Directors had cheated Bank of Baroda, International Business Branch (IBB), The Mall, Kanpur for Rs.456.63 crores and also did not repay loan amount to six other banks (Total amount Rs.2919.39 crores) mentioned in the FIR. It is alleged that the Directors of M/s (RGPL) also misused the packing credit facilities sanctioned by the bank for Rs.15.50 crores disbursed on 25.1.2012 for executing export order of US Dollars 41.82 lakhs. Out of this amount, M/s RGPL utilised Rs.5.35 crores for import of Gems and Jewelery from M/s Madrid Implex. They had also misused the packing credit limit for the export order for M/s Star Com Resources Pte. Singapore for supply of wheat of 15700 metric tonne US Dollars which was disbursed on 26.5.2014 (Rs.14.60 crores) and 30.5.2014 for Rs.19.12 crores. It is further alleged that M/s RGPL were routing the transactions through Pacific Global and M/s Bunge for which discount of 1.865% was deducted by the overseas importer without having business transactions, as such it was being done as mercantile trade. They have also mis-utilised packing credit facility availed for executing export orders and later on packing credit was adjusted form other parties not related to export transactions.;