- (1.) Order dated 27.06.2013 passed by learned 14th Metropolitan Magistrate, Calcutta Proceeding in G.R. Case No.1665/95 pending before the learned Metropolitan Magistrate, 14th court, Calcutta arising out of R.C. Case No.12/EOW/86 under sections 120B/420/468 of the Indian Penal Code read with sections 5(i)(d) and 5(2) of the Prevention of Corruption Act, 1947 refusing to discharge the petitioner from the aforesaid case has been assailed.
(2.) The prosecution case, as alleged, is that a criminal conspiracy was hatched between one Pawan Kumar Ruia, and his associates on one hand and one Charles Soloman, the then Calcutta Branch Manager of Tamilnad Mercantile Bank Ltd., the petitioner and others on the other hand to the effect that from January 1985 to September 1985 the then Calcutta Branch Manager of Tamilnad Mercantile Bank Ltd. on the other hand and pursuant thereto the latter misused his official position and committed fraud in a pre-planned manner and cheated the bank and wrongfully issued unauthorized overdrafts to the tune of Rs.3,19,41,727/-, extended unauthorized credit through clearing cheques of outstanding account to the tune of Rs.422.80 lakhs, permitted illegal drawings against clearing to the tune of Rs.62,60,471/- and made illegal book transfers to the tune of Rs.12,35,07,000/-, and thereby enabled accused Pawan Kumar Ruia to illegally float 94 public limited companies and falsely showed that the Bank had collected a sum of Rs. 15 against each company in such public issue of equity and also failed to collect commission charges as Banker to such issue causing wrongful loss to the tune of Rs.24,18,470,000/- and wrongful gain to the group of companies controlled by one Pawan Kumar Ruia. It is further alleged that the petitioner, as the supervisor in the branch, played a key role in the conspiracy and wrote vouchers and other documents relating to the accounts maintained in respect of the aforesaid fictitious forms created by Pawan Kumar Ruia and also helped in passing of instruments unauthorizedly enabling illegal transfer of funds for the purpose of conspiracy.
(3.) In conclusion of investigation, charge sheet was filed on 10.07.1995 under sections 120B/419/420/467/468/471/477A of the Indian Penal Code against the petitioner and six other accused persons.;