NATIONAL BANK OF OMAN Vs. BARAKARA ABDUL AZIZ

JUDGEMENT

(1.) The complainant-National Bank of Oman lodged a private complaint RTC No.260/2007 in the Court of Chief Judicial Magistrate, Ahmednagar against the respondent alleging that he had cheated the bank by swindling 43,15,000/- U.A.E. Dirhams (equivalent to 5.178 Crores Indian Rupees). The gist of the complaint reads as follows:

(2.) The complainant-Bank is not having any branch or any activity in India or nor carrying on any business in India. The Bank, therefore, decided to appoint Mr. N.B. Sapkal, as its power of attorney holder for the purpose of filing complaint and taking legal steps against the respondent, who is alleged to have duped the Bank and escaped to India. The power of attorney holder is a resident of Ahmednagar and according to the Bank it was convenient for the Bank to file the complaint at Ahmednagar. The respondent being a citizen of India, necessary sanction had to be obtained from the Central Government under the proviso to Section 188 of the Code of Criminal Procedure. Sanction was accordingly sought for from the Government of India and the Government of India, Ministry of Home Affairs, vide letter No.F/83/2007.Jud.Cell dated 26th March, 2010 accorded sanction to enquire and trial of the respondent by a court of competent jurisdiction in India.

(3.) The Chief Judicial Magistrate, Ahmednagar on 25.2.2011 passed the following order on the complaint: