SUBODH GUPTA AND ORS. Vs. C.B.I.

JUDGEMENT

(1.) Vide impugned order of 27th February, 2015, petitioners have been called upon to face trial for the offences under Sections 409/420/467/468/471/477A/201 read with Section 120B of the IPC and Section 13(2) read with Section 13 (1) (c) & (d) of the Prevention of Corruption Act, 1988 in CC No.132/01, titled as C.B.I. v. Deepak Kumar Nayyar & ors.

(2.) Since the above captioned two petitions arise out of CC No.132/01, titled as C.B.I. v. Deepak Kumar Nayyar & ors., therefore, with the consent of learned counsel for the parties, both these petitions were heard together and are being disposed of by this common judgment.

(3.) In the above captioned first petition [Crl.M.C.No.1322/2015], impugned order of 27th February, 2015 is assailed on the ground that petitioners are not public servants and their prosecution along with co-accused with the aid of Section 120-B of the IPC is unjustified in view of the fact that the allegations against the petitioners of misappropriation of the money due to the complainant-bank stands settled between the parties and in terms of settlement, the suit filed by the complainant-bank against the petitioners stands withdrawn.