MANISH KUMAR AGARWAL Vs. C.B.I.

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Section 482 of the Cr.PC praying inter alia for quashing of charge-sheet No. 3/2008 arising out of FIR No. RC.BD1/2007/E/003 pending before the court of learned ACMM, Karkardooma Courts, Delhi.

(2.) Learned Senior Advocate appearing for the Petitioner states that there were seven FIRs filed against M/s Rajinder Steels Ltd. (hereinafter referred to as "RSL?) out of which, the Petitioner was named in four FIRs. From out of the four FIRs, while the Petitioner was exonerated by the CBI in two cases, he has been charge-sheeted in two cases, out of which, one of them is the present case. He submits that the Petitioner was employed with M/s RSL as a Project Manager Finance and his role with regard to disbursement of 13 crores by the IFCI under the Equipment Credit Scheme for implementing a project for manufacturing of High Tensil Steel Strappings (HTSS)/Cable Armoured Tapes (CAT), was very limited. He submits that all that the Petitioner did was, forward the required information to the IFCI with regard to the outstanding loans of the company and the certificates issued by the auditors in respect of payment for the machinery to the suppliers and the supplies thereof. He, therefore, states that the charge-sheet qua the Petitioner ought to be quashed as he is similarly placed as Shri S. Natarajan, Executive Project Finance of the company, whose name is mentioned in Column 12 of the charge-sheet.

(3.) The present petition is vehemently opposed by the counsel for the CBI, who states that merely because the Petitioner has been exonerated in two other cases is not a ground for seeking quashing of the present FIR and all the pleas that are sought to be urged by the Petitioner in the present proceeding, shall be available to him at the time of arguments on charges. It is further stated that there is sufficient material set out in the charge-sheet for charging the Petitioner for the substantive offence punishable under Section 120B read with Sections 420/468/471 IPC.