RAMESH Vs. STATE

JUDGEMENT

(1.) Interlocutory application i.e., I.A No.4 filed by the present petitioner as accused No.5 in SPl.C.C No.271/2016 in the Court of XXI Additional City Civil & Sessions Judge and Principal Special Judge for Central Bureau of Investigation cases, Bengaluru (CCH-4) (hereinafter for brevity referred to as the 'CBI Court') wherein the case against seven accused in CBI/ACB Bengaluru, RC No.3(A)/15 for the offences punishable under Sec. 120B read with Ss. 409, 420, 467, 468 and 471 of Indian Penal Code, 1860 (hereinafter for brevity referred to as the 'IPC') and Sec. 13(2) read with 13(1) (c) and (d) of Prevention of Corruption Act , 1988 (hereinafter for brevity referred to as the ' P.C Act ') is pending, came to be dismissed vide order of the CBI Court dtd. 26/3/2018. Aggrieved by the same, accused No.5 before the CBI Court has filed the present revision petition under Sec. 397 read with 401 of Criminal Procedure Code .

(2.) The summary of the case of the complainant (present respondent) in the CBI Court is that, the investigation done by the complainant has revealed that accused No.1 Sri. K.C. Chandrashekar while working as a Branch Manager of Vijaya Bank, Begur Branch, during the period of 2014 to 2015 entered into criminal conspiracy with other eight accused including the present petitioner in the matter of opening of current accounts in the names of M/s. Prince Links and M/s. JMJ Enterprises and also in the further pre-closure of fixed deposit accounts in the name M/s Mysuru Minerals Limited (hereinafter for brevity referred to as 'M/s.MML') and Rajiv Gandhi University of Health Sciences ((hereinafter for brevity referred to as the 'RGUHS') and transfer of the funds from the said fixed deposit accounts to the accounts of M/s.Prince Links and M/s.JMJ Enterprises based on the false and fabricated documents with dishonest intention in a fradulent manner which resulted in a wrongful loss to the tune of '22.5 crores to the Vijaya Bank and corresponding wrongful gain to themselves.

(3.) Accused Nos.2, 4, 5 and 7 filed their separate application in the CBI Court under Sec. 227 of the Criminal Procedure Code, 1973 (hereinafter for brevity referred to as the ' Cr.P.C .') seeking their discharge from the matter.