V.K. JOLLY Vs. C.B.I.

JUDGEMENT

(1.) BY way of present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') read with Article 227 of the Constitution of India, the petitioner has challenged the impugned order dated 04.09.2012 passed by learned Special Judge, CBI, Tis Hazari court, Delhi whereby directing framing of charges against the petitioner for the offences under Section 120B r/w Sections 419/420 IPC r/w Section 13(2) r/w Section 13(1)(d) of the PC Act and accordingly the charges were framed on 22.09.2012. The factual matrix of the case are that the petitioner and Sh. D.K. Malhotra served as Senior Manager and Chief Manager during the periods from May 2001 to 08.07.2004 and July 2004 to 10.11.2004 respectively at Azadpur branch of Punjab National Bank, vide circular No -130 dated 31.12.2002 issued by the PNB, Sr. Manager and Chief Manager had discretionary powers to purchase cheques (DD Discounting) upto Rs. 3.75 lakhs and Rs. 20 lakhs respectively. As per the said Circular, Senior Manager/Chief Manager were authorized to sanction advance against the effects (cheques) sent for clearing by the Senior Manager/Chief Manager respectively. The petitioner used to deal with hundreds of such transactions in a month. Further, the petitioner and D.K. Malhotra, the then Chief Manager, PNB, Azadpur branch exceeded their powers very frequently and accommodated the various account holders in violation of the banking norms/rules and regulations. The return of all the cheques had also not been reported to the Regional office by V.K. Jolly (petitioner) and D.K. Malhotra. The petitioner had permitted purchase of three cheques from M/s. Good Luck Overseas, which were drawn by M/s. Keshav Traders bearing No. 967121 dated 20.04.2004 for Rs. 2,74,482/ -, No. 967124 dated 29.04.2004 for Rs. 2,42,721/ -No. 967154 dated 26.05.2004 for Rs. 1,52,368/ -. It was alleged that all the three cheques were issued by Shri Suraj Goenka himself from his account in the name of M/s. Keshav Traders maintained with the Syndicate Bank, Tri Nagar, Delhi, vide order dated 04.09.2012, learned trial Court found a prima -facie case for the offences under Section 120B r/w Sections 419/420 IPC r/w Section 13(2) r/w Section 13(1)(d) of the PC Act and accordingly the charges were framed on 22.09.2012.

(2.) FEELING aggrieved by the said order, the petitioner has preferred the present petition.

(3.) PER contra, learned standing counsel for CBI urged that the petitioner while working as Senior Manager, Punjab National Bank, Azadpur and his successor Mr. D.K. Malhotra, co -accused in criminal conspiracy with private persons cheated and caused wrongful loss to the bank and wrongful gain to themselves and to the co -accused.