Dinesh Kumar Singh, J. - (1.) This petition under Section 482 Cr.P.C. has been filed for quashing the order dated 1.8.2014 passed by the learned Special Judge Anti Corruption (Central) C.B.I., Lucknow on discharge application moved by the petitioner in Court Case No.3 of 2010, Crime No.RC 0062007A0008 of 2007, under Sections 120-B, 419, 420, 467, 468 and 471 IPC and under Section 13(2) read with Section 13(1)(d) Prevention of Corruption Act, Police Station CBI/ACB, Lucknow, by means of which the discharge application has been rejected.
(2.) The facts of the case, briefly stated, are that an FIR was lodged by the Central Bureau of Investigation on the complaint of the Zonal Manager of the Bank of India, Kanpur regarding conspiracy of cheating, forgery and criminal misconduct constituted by the named bank officials and some unknown persons for granting eight housing loans/mortgage, over draft and loans etc. and causing loss to the bank @ RS.1.17 Crore approximately. The petitioner was not named in the FIR. The Central Bureau of Investigation after investigating the case, had filed eight charge sheets against the officials of the bank as well as the customers, who were benefitted by the fraudulent transactions/loans, mortgage and over drafts. Out of eight charge sheets, the petitioner was named in respect of the charge sheet, subject matter of the present case as accused no.8 under Sections 120-B, 419, 420, 467, 468 and 471 IPC and under Section 13(2) read with Section 13(1)(d) Prevention of Corruption Act, 1988.
(3.) Allegation against the petitioner is that he had entered into conspiracy with other accused persons and in furtherance of the conspiracy, he had fraudulently and dishonestly prepared a false Non Encumbrance Report in respect of the property at 117/197, Purani Basti, Kakadeo, Kanpur and stated in the report that one Mr. Ramesh Chandra Gupta had constructed a residential building (ground floor), without verifying the genuineness of title etc. and had submitted the false report intentionally to the bank with fraudulent intention to cheat the bank with the conspiracy of the bank officials and other accused persons, which has resulted into loss to the bank @ Rs.8,34,607/- and corresponding wrongful gain to the accused persons.;