- (1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the criminal proceeding initiated against the petitioner in connection with Case No. RC 2(A)/(D) including the Order dated 11-2-2000 passed by the Special Judge, C.B.I. Dhanbad, whereby and whereunder he took cognizance for an offence u/Ss. 120B and 420 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
(2.) The short facts giving rise to this application that the first information report was lodged alleging therein that during the period 1992-94 the accused persons including the petitioner entered into a criminal conspiracy and in pursuance of the same the then Senior Manager, Vijaya Bank, Shri Ratnakar Hegde dishonestly and fraudulently, by abusing the official position, allowed Credit facilities to the Directors of M/s. Continental Transport and Construction Company. It is further alleged that the Bank during the said period of 1992-94 allowed the payment to the tune of Rs. 20.16 lakhs (approximately) against the 4th Running Account bill raised by the petitioner against the contract of installation of one Feeder Breaker at G.O.C.P. Bastacolla Area-II of B.C.C.L. Dhanbad, by discounting the said bill amounting to about Rs. 22.40 lakhs. It is also alleged that the said amount of Rs. 22.40 lakhs was payable to the Vijaya Bank, Dhanbad but the petitioner was allowed to realise the bill proceeds of the said bill directly from B. C. C.L. which was deposited in a different Bank account and thereafter encashed, thereby causing wrongful loss and by entering into the conspiracy misappropriated a huge amount. The Director of M/s. petitioner Company collected the bill proceeds from Area No. IX of BCCL through Cheque No. 440284 dated 19-4-1994 and encashed the said amount being Rs. 22.40 lakhs in the account of M/s. C.T.C.C. maintained at SBI, Ramgarh Cantonment.
(3.) Accordingly, the F.I.R. was lodged. The C.B.I. Investigated into the case and submitted charge-sheet against the accused persons including the petitioner.;