Rakesh Ranjan Prasad, J. - (1.) THIS application is directed against the order dated 11.7.2012 passed in R.C. No. 07(A) of 2006 (R) by the then Special Judge. C.B.I., Ranchi whereby and where -under prayer for discharge made by the petitioner was rejected. The case of the prosecution is that a complaint was lodged with the C.B.I. by Sr. Manager. Punjab National Bank. Kishoreganj Branch alleging therein that this petitioner and also one Anil Kumar Sinha while working as Manager and Deputy Manager respectively entered into a conspiracy with M/s. Krishna Hosiery. M/s. Jogesh Narain Singh. M/s. Vindhya Metals. M/s. Pareek & Brothers and M/s. Glazed in the year 2002 -03 and in pursuance of the said conspiracy, the petitioner and Anil Kumar Sinha processed, sanctioned and disbursed loan in the name of the firms as stated above dishonestly and fraudulently by abusing their respective official position, as a result of which the Bank suffered loss to the tune of Rs. 44.83 lacs.
(2.) ON receiving the said complaint. C.B.I. lodged a case as R.C. No. 07(A) of 2006 under Sections 120B, 420, 471 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. The matter was taken up for investigation. During investigation it got transpired that the accused Kumar Digvijay Singh called his cousin Manoj Kumar Singh alias Appu from his native village on the pretext that he will arrange a job for him. When he came, it was told to him by Kumar Digvijay Singh that one staff namely, Kameshwar Prasad of Punjab National bank, Kishoreganj Branch has been absenting from the duty and hence, he would be substituted on his place. Thereupon at the behest of the said Kumar Digvijay Singh, said Manoj Kumar Singh alias Appu opened one current account in the name of Kameshwar Prasad claiming himself as proprietor of M/s. Pareek & Brothers by impersonating himself as Kameshwar Prasad and it was Jagdish Narain Singh who dishonestly and fraudulently introduced Manoj Kumar Singh alias Appu as Kameshwar Prasad. Thereafter the said Manoj Kumar Singh alias Appu at the behest of Kumar Digvijay Singh submitted a loan application to the Punjab National Bank, Kishoreganj Branch for extending cash credit limit of Rs. 10 lacs in the name of M/s. Pareek & Brothers. One Tirathmani Devi stood guarantor. Thereupon the accused Anil Kumar Sinha processed the application and made recommendation dishonestly and fraudulently for grant of loan. The address given in the form was that of Kameshwar Prasad, the real proprietor of M/s. Pareek & Brothers who had left Ranchi much earlier. On such recommendation, the petitioner, the then Branch Manager in conspiracy with each other sanctioned cash credit limit upto Rs. 10 lacs. Thereafter at the instance of Kumar Digvijay Singh, one Anjani Kumar Singh opened one current account at Central Bank of India. Upper Bazar. Ranchi in the name of M/s. Anjani Enterprises. The said Anjani Kumar Singh drew cheque on the lake account of M/s. Pareek & Brothers and got the amount withdrawn and paid it to Kumar Digvijay Singh. On account of non -payment of the loan amount, outstanding rose to Rs. 13 lacs and odd as against M/s. Pareek & Brothers.
(3.) FURTHER it got transpired during investigation that one Smt. Meena Singh, wife of Kumar Digvijay Singh, proprietor of M/s. Vindhya Metals submitted an application before Punjab National Bank. Kishoreganj Branch for cash credit facility upto Rs. 6 lacs and also for term loan. The application was processed by the co -accused Anil Kumar Sinha and the cash credit facility and term loan were sanctioned by the petitioner. In the said process of having cash credit facility, one Nagendra Singh at the instance Kumar Digvijay Singh put his signature over the deed of guarantee as Om Prakash Agarwal, who had already sold the land. The said sale deed was submitted as co -lateral security for securing cash credit facility. The said bank guarantee deed was accepted by Anil Kumar Sinha and also by this petitioner dishonestly and fraudulently.;