- (1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the entire criminal proceeding of R.C. Case no.19 of 1986 Pat registered for commission of the offences under Section 120B read with Sections 409, 420, 477A of the Indian Penal Code and also for an offence under Section 5(2) read with Section 5(1)(c)(d) of the Prevention of Corruption Act.
(2.) According to the case of the petitioner that the petitioner had set up a steel fabrication unit under the name and style of M/s. Arvind Enterprises. For the purpose of running business, current account had been opened with an overdraft facility with the United Bank of India, Bokaro Steel City Industrial Area Branch. In course of business, whenever demand draft was required, the petitioner used to issue a cheque on his account for having demand draft issued in his name. On 5.6.1982 a cheque of Rs.50,025/- was issued on his own account for having draft of Rs.50,000/-. Since the statement of the account had never been provided by the Bank, the petitioner could not know about the status of his account. Suddenly, the petitioner came to know that money suit bearing M.S.No.130 of 1984 has been filed by the Bank for recovery of the amount of Rs.3.26 lacs. After two years, the C.B.I lodged a criminal case against Abhikant Jha, the then acting agent of the U.B.I, Bokaro Steel City and the proprietors of different business concerned including the petitioner alleging therein that the then A.K.Jha issued several Bank drafts in favour of different business concerned amounting to Rs.16,98,730/- either without debiting the amount covered under the draft issued or without their being sufficient amount in their accounts to cover the amount of the draft.
(3.) It has been alleged that said A.K.Jha in connivance with proprietors of different business concern by falsifying the books of account caused wrongful loss to the Bank and correspondingly wrongful gain to himself and the accused purchaser fraudulently.;