AMIT BANSAL Vs. CENTRAL BUREAU OF INVESTIGATON

JUDGEMENT

(1.) The present petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of proceedings qua the petitioners in case bearing no.220/2019 titled as CBI V S.K. Tyagi and Others arising out of RCs bearing nos. 04/86-CIU (E) II, 06/86-CIU (E) II and 09/87-SIU (IX) stated to be pending in the court of Sh. Naveen Kumar Kashyap, CMM, Rouse Avenue Courts, Delhi/Successor Court.

(2.) Briefly stated, the facts of the present case are that CBI registered the RCs bearing nos. 04/86-CIU (E) II dtd. 20/3/1986 and 06/86-CIU (E) II dtd. 20/3/1986 on the basis of complaint made by the Regional Manager, Punjab and Sind Bank, New Delhi and the RC bearing no.09/87-SIU (IX) dtd. 16/9/1987 on the basis of complaint made by the Chief Vigilance Officer, Punjab and Sind Bank, Head Office, New Delhi on the allegations as stated in the RCs. After conclusion of investigation, a common charge-sheet was filed in 1988 wherein 13 persons were implicated including the petitioners and their father namely Satya Pal Bansal (since deceased) who was the holder of Current Account bearing no.952 in the name of M/s Sanjay Traders in Punjab and Sind Bank (hereinafter referred to as 'the Bank"). It is stated that the various transactions between the accused firms and persons caused a loss of approximately Rs.32,00,000.00 (Rupees Thirty Two Lakhs Only) to the Bank. The allegation against the petitioner no.2/Vikas Bansal is that a sum of Rs.3,10,000.00 was deposited in his account by his father. The allegation against the petitioner no.1/Amit Bansal is that a sum of Rs.1,50,000.00 was deposited in his account by his father.

(3.) The court of Sh. J.P.S. Malik, ACMM, Tis Hazari Courts, Delhi, vide order dtd. 28/5/2001, framed charges for the offences punishable under Sec. 420/468/477A/120B IPC against all accused including the petitioners. Being aggrieved by the order dtd. 28/5/2001, the petitioners filed revision petitions which were dismissed vide order dtd. 16/10/2002 passed by the court of Dr. R.K. Yadav, ASJ, Delhi. Thereafter, the petitioners filed a petition before this Court bearing no. Crl.M.(M).4231/2002 seeking quashing of the order on charge dtd. 28/5/2001 qua the petitioners. During the pendency of the said petition and after the death of the proprietor of M/s Sanjay Traders, namely Satya Pal Bansal (father of the petitioners), the Bank settled with M/s Sanjay Traders by compromising under OTS in recovery proceedings initiated by the Bank before the Debt Recovery Tribunal (DRT) and acknowledged the receipt of a sum of Rs.17,00,000.00 from the legal heirs of Satya Pal Bansal as full and final satisfaction of dues and the Bank withdrew the petition filed before the DRT. Keeping in view the aforesaid settlement, this Court vide order dtd. 17/12/2003 allowed the petition and quashed the charges framed against the petitioners.