KASHIBATLA RAMAKRISHNA Vs. CBI

JUDGEMENT

(1.) VIDE the instant petition the petitioner has sought to quash the criminal case FIR no. RCA/BDI/2001 (E)/2005/CBI/BS registered for the offences punishable under Section 120B read with Section 409/420 Indian Penal Code, 1860 and Sections 13(2) and 13(1) (d) of the Prevention of Corruption Act, 1988 pending before the Additional Sessions Judge, Delhi, against the petitioner.

(2.) IT is submitted by ld. Counsel for the petitioner, that whole thrust of allegation against the petitioner in the charge sheet is regarding his act as a Zonal Manager of the Bank, and by making recommendation for enhancement of Working Capital Limits of the company (A-4) and permitting the then Branch Manager, United Bank of India, Janpath Branch, New Delhi to purchase and discount the Foreign Export Bills of the Company (A-4) on DA basis.

(3.) LD. counsel has further pointed out that CBI sought sanction to prosecute Shri Shantanu Guha, the then Chief Manager (Credit Operations- II) from Head Office, but the Chairman and Managing Director (CMD) being the competent authority had declined the same and therefore, he has not been sent for trial and shown in Column No.2 in the charge-sheet.