HARDEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This Appeal directed against the judgment and order of the Patna High Court pertains to refusal to exercise jurisdiction under Section 482, Cr. P.C. in the matter of discharge of the complaint against the petitioner under Sections 120-B, 409, 420, 468, 471, 477-A, IPC read with diverse provisions of Prevention of Corruption Act in RC No. 35/85 before the Special Judge, Patna. On the factual score it appears that the First Information Report was lodged against one S. K. Roy, Branch Manager, Birpur Branch of Central Bank of India alleging inter alia that in connivance with some other named accused he has cheated the Bank to the tune of Rs. 7,47,000/- by misusing his official position, and thus, wrongful loss to the Bank to the above extent and wrongful gain to himself and others having entered into a criminal conspiracy with Ved Prakash Agrawal, Satya Narain Agrawal and M/s. Arun Khadya Tel Udyog. During the course of investigation by Central Bureau of Investigation (CBI), the present appellant's name surfaced from the record that the latter having an Account in the Bank made an application on 8th February, 1985 for sanction of loan of Rs. 14 lakhs for urgent payment of labourers in contract work. It has also come to light that the Branch Manager S.K. Roy has given sanction and allowed a total amount of overdraft facility to the extent of Rs. 21,50,000/- on different dates to the appellant. It is this grant of overdraft facility which have been very strongly criticised by Mr. Altaf Ahmed, the learned Additional Solicitor General. Mr. Ahmed contended that the Branch Manager of the Bank has had no power to the grant of overdraft facility beyond a sum of Rs. 10,000/- and this accommodation to the appellant herein is, obviously, for reasons not far to seek.

(3.) The contextual facts depict that Inspector of Police, SPE, CBI, Patna Shri Jyoti Kumar lodged an FIR being RC No. 35/85 Patna wherein it has been alleged as below :