T.R. MANJUNATH HEGDE Vs. STATE

JUDGEMENT

(1.) Charge sheet is filed for the offence under Sec. 120B read with Sec. 420 read with Sec. 109 of IPC and Sec. 13(2) read with Sec. 13(1)(d) of Prevention of Corruption Act, 1988 against accused Nos.1 to 7 and accused Nos.3 to 7 have committed substantive offences punishable under Sec. 420 read with Sec. 109 of IPC.

(2.) The summary of the charge sheet is that accused Nos.3 to 7 by floating fictitious firm and by conniving with accused Nos.1 and 2 fraudulently obtained loan from the Bank and by not repaying the loan borrowed, defrauded the Bank. The cognizance taken by the learned Sessions Judge for the aforesaid offence is impugned herein against accused Nos.3 to 6.

(3.) Learned Sessions Judge after accepting the charge sheet took cognizance of the aforesaid offences and issued process. Taking exception to the same, accused Nos.3, 4, 5 and 6 are before this Court.