- (1.) THIS revision has been preferred by Sri Mohan Prasad Sinha, the then Deputy Finance Manager, B.CC.L against the order dated 22.11.2006 passed by learned Special Judge, C.B.I. -cum -A.D.J. XIII Dhanbad in R. C. No. 2(A)/96(D) by which the prayer for discharge under section 239 Cr.P.C. filed by the petitioner alongwith three others has been rejected.
(2.) BRIEF facts leading to this revision are that the petitioner was Deputy Finance Manager, 16/5/2014 P B.CC.L age 260 from the period 1992 to 1995 in Bastacola area. During this period one C.T.C. Company run by two co -accused Rajesh Gandhi and Ramesh Gandhi used to perform certain contractual responsibility for which the B.CC.L used to pay them under 4th running account bill on the guarantee of M/s Vijaya Bank through them. Prosecution case in brief is that during the period of March to April, 1994 cheques for Rs. 22,40,106.72 were issued in favour of M/s C.T.C. Company instead of M/s Vijaya Bank without observing the normal procedure. Prosecution case further is that C.T.C. Company deposited the cheque of Rs. 20,16,086.72 in their own account instead of depositing it with the Vijaya Bank resulting in wrongful gain to it and wrongful loss to the Bank. The CBI, accordingly, registered R.C. Case No. 2(A)/ 96(D) and after investigation submitted charge -sheet against four persons under sections 420, 120B of the Indian Penal Code and Section 13(2) read with 13(1)(d) of P.C. Act, 1988.
(3.) THE petitioner has challenged this order on the grounds that the contract between the bank and C.T.C. company has nothing to do with the official duties of the petitioner who as Deputy Finance Manager has issued the cheque of Rs. 20,16,086.72 in favour of C.T.C. Company on their authorization to one R,S. Prasad. It is further submitted that by issuing the said cheque in favour of the C.T.C. Company the petitioner has not conspired with other accused persons nor caused any loss to the B.C.C.L. As such the petitioner deserves to be discharged from the liabilities.;