R K ANAND Vs. STATE OF DELHI

JUDGEMENT

(1.) The present petition under Section 397 Cr. P.C. impugns an order on charge dated 22.3.2006, by the Special Judge in the course of the proceedings, upon an FIR alleging commission of offences under Section 120-B read with Section 409/119/420/468/471 IPC and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The brief allegations against the petitioner, accused no.7 are that he allowed credit facilities beyond his delegated power and accepted the collateral security contrary to procedures and requirement of the bank.

(3.) Learned counsel for the petitioner urged that the basis of the impugned order on charge is entirely incorrect that as he was on leave w.e.f. 8.6.1998 when the processing note had been put up by one K.V. Bhaskaran. That note was eventually processed by other accused R.T.Nayak and the proposal was accepted. Counsel contended that the relevant documents such as the leave application and the investigation report by the bank though furnished to the CBI during the course of investigation were deliberately concealed from the court. He also submitted that K.V.Bhaskaran was not named as accused, but merely cited as witness.