JOYMALYA BAGCHI,J. - (1.) Re: C.R.R. No. 2582 of 2016 Order dated 28.4.2016 passed by the learned Judge, CBI Special Court, Asansol, Burdwan in Special Case No. 39/2011 rejecting the prayer for discharge of the petitioner has been assailed.
(2.) Petitioner has been arrayed as an accused person along with others in the instant prosecution on the allegation that as a chartered accountant he had been employed by co-accused Iltush Ahammed, his wife Smt. Taijunnehar Bibi, brother Sri Noor Jamal and brother-in-law Sri Aynal Hoque to prepare projected financial statements in collusion with Sri Atanu Kumar Mitra, senior manager of Indian Overseas Bank, Berhampore Branch for obtaining cash-credit facilities such as OCC, term loans etc. from the said branch on the strength of fraud and fabricated documents. It has also been alleged that such loans were advanced to the firms of the aforesaid accused persons by the said manager in violation of the procedure laid down by the bank and in excess of his lending powers causing wrongful loss to the tune of L 5.24 crores. It appears that Atanu Kr. Mitra, senior manager Indian Overseas Bank posted at Berhampore Branch during the period 13.6.2005 to 16.5.2007 was empowered to sanction credit limit to the tune of L 40 lakhs only per borrower including borrowers of the same group. In violation of such permissible limit, Atanu Kr. Mitra during the period 2005 to 2007 in conspiracy with Iltush Ahammed his wife Smt. Taijunnehar Bibi and relations Sri Noor Jamal and Sri Aynal Hoque and the petitioner herein extended undue financial accommodation to them by sanctioning and disbursing cash credit limit and term loan facilities much above his permissible capacity and permitted the diversion of the cash credit limits for various other purposes without ensuring requisite guarantee margin of 25% and thereby caused wrongful loss to the bank. To camouflage such dishonest activity, the aforesaid accused persons utilized the services of the petitioner, who in collusion and conspiracy with the accused persons prepared false and bogus projected financial statements and other documents to give an impression of credibility to the grant of cash credit and other facilities to the firms of the accused persons, some of whom were even fictitious.
(3.) It has further been alleged that the petitioner had not only prepared the projected financial statements in favour of the borrowers but had also written with his own hand the applications for enhancing cash credit and other facilities submitted before the principal accused, Atanu Kr. Mitra, the senior manager, exposing his deep rooted involvement in the aforesaid fraudulent transaction. Accordingly, in conclusion of investigation, police report was filed against the petitioner and the other accused persons under sections 120B/419/420/467/468/471 I.P.C. and under sections 11, 12, 13(2)/13(i)(d) of the Prevention of Corruption Act, 1988.;