RAJ KUMAR SINGLA Vs. C B I

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India, read with section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') prays for setting aside of the order on charge (impugned herein) dated 11.09.2015 passed by the Special Judge (PC Act), CBI-02, Patiala House Courts, New Delhi, in CC No. 13/12 in FIR No. RC. BD1/2010/E/0005 under section 120B read with sections 420, 467, 468, 471 IPC and section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act').

(2.) The learned Special Judge (PC Act), vide the impugned order dated 11.09.2015, has framed separate charges under section 120B IPC and section 420 IPC read with section 120B IPC against the petitioner herein.

(3.) The petitioner herein was the Assistant General Manager at Syndicate Bank, Nehru Place Branch, New Delhi on 06.06.2008, i.e. the relevant time. The subject FIR was registered on a complaint dated 15.09.2010 made by the General Manager of Syndicate Bank, Regional Office, New Delhi. The allegations in the subject FIR against the petitioner are to the effect that he in conspiracy with M/s Suhrit Services Pvt. Ltd., Anoop Pradhan, Binita Pradhan, Madhvi Shrestha, Dhiren Tamang, and Ashok Kumar Khanna, the other accused persons in the subject charge-sheet filed by the CBI, in furtherance of a common objective cheated Syndicate Bank, Nehru Place, New Delhi for an amount to the tune of Rs.25 crores. It was alleged that M/s Suhrit Services Pvt. Ltd. was sanctioned a credit limit for procurement and sale of cars manufactured by M/s Hyundai Motors India Ltd., but the amount so sanctioned was diverted by M/s Suhrit Services Pvt. Ltd for other purposes and it failed to repay the amount, which caused wrongful loss to the tune of Rs.25 crore to the bank and wrongful gain to it and others. It was further alleged that the Directors of M/s Suhrit Services Pvt. Ltd. in conspiracy with public servants including the petitioner forged certain documents, and used them as genuine to induce the bank to sanction four car loans.