AJIT SINGH Vs. CBI

JUDGEMENT

(1.) By virtue of this Petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the Petitioner seeks to challenge an order dated 08.11.2011 passed by the learned Special Judge whereby charges for the offence punishable under Section 120-B read with Sections 419/420/467/468/471 IPC and Section 13(2) read with Section 13(1)(d) of P.C. Act, 1988(the P.C. Act) was ordered to be framed against the Petitioner.

(2.) The prosecution was launched against the Petitioner on the basis of allegations, which can be culled out from paras 1 and 2 of the impugned order hereunder:

(3.) It is urged by the learned senior counsel for the Petitioner that as per the case of the prosecution, a letter dated 31.10.2003/03.11.2003 and another letter dated 10.12.2003 addressed to the Secretary/President of Mansarover Cooperative Group Housing Society Ltd. was sent at the address 206, 2 nd Floor, New Delhi House, Barakhamba Road which was the address of another society, namely, Vishrantika CGHS Ltd. of which the Petitioner was the President. It is urged that according to the prosecution, scrutiny of bank accounts of M/s. Baltic Construction Pvt. Ltd., a partnership concern, whereof Petitioner was one of the partners, showed that a cheque for Rs. 12 lakh was issued on 07.09.2004 in favour of M/s. Purnima Projects (P) Ltd., a partnership concern of co-accused Gokul Chand Agarwal and Madhu Agarwal. It is urged that this by itself was not sufficient to show the Petitioner's nexus or complicity in forging the list of members allegedly forwarded to the DDA or allotment of the land to Mansarover Cooperative Group Housing Society Ltd. at a subsidized rate.