RAJESHWAR KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed the present petition for the quashing of FIR No. RC -DAI -2003 -A -0050 dated 10.09.2003 under Section 420/467/468/471/120 -B of the Indian Penal Code (hereinafter referred to as 'IPC') read with Section 13(1)(d) and Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as 'PC Act') or in the alternative under Section 109 read with Section 420 of I.P.C. registered at P.S. CBI/ACB/New Delhi.

(2.) THE brief case of the prosecution is that on 01.09.1997, one Mr. Vijay Kumar Manchanda (accused No.1 in the charge sheet) and his wife Ms. Shashi Manchanda (accused No.4 in the charge sheet) both being directors of M/s. Raj Raxine Pvt. Ltd., applied for various cash credit facilities with the Central Bank of India (hereinafter referred to as the 'complainant bank') and submitted various documents in support of their application. On 08.10.1997, Mr. Ravinder Kapoor (accused No.2 in the charge sheet) Senior Manager of the bank instructed the petitioner to carry out legal search and submit the reports in respect of two properties bearing Nos: -

(3.) ON 02.07.1999 the accounts of accused No.1's company were declared as Non -Performing Asset (NPA). Consequently, a complaint dated 04.09.2003 was filed by Mr. H.K. Verma, the then AGM, Central Bank of India, regarding cheating by one Desh Raj Manchanda (since deceased) and his son accused No.1, directors of borrowers companies. The complaint was turned into an FIR vide FIR No. RC/DAI -2003 -A -0050 on 10.09.2003.