SHREYA JHA Vs. CBI

JUDGEMENT

(1.) This revision is directed against the order on charge dated 22-03-2006 and charge dated 04-04-2006. The learned Special Judge (hereafter "the trial court") charged the Petitioner, for commission of offences punishable under Section 120-B read with Sections 409,419,420,467,468 and 471 of the Indian Penal Code, 1860 and Sections 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988.Other co-accused too were charged.

(2.) The prosecution (hereafter "the CBI") alleged offences under Sections 120-B read with 420, 468 and 471 IPC and substantive offences against M/s Juniper Jewellery Pvt. Ltd, Shri. Vijay Kumar Jha and Mrs. Nandita Bakshi both Directors of the first accused company and against other unknown persons. The alleged that directors of the company, in connivance with others had submitted forged property documents as collateral security to cheat the Canara Bank, and gained undue pecuniary benefit to the tune of Rs. 596.11 lakhs from the bank.

(3.) According to allegations of CBI, in furtherance of the said criminal conspiracy accused Ms. Shreya Jha, daughter of Shri V.K. Jha, proprietor of M/s Anamika Enterprises and M/s Nupur Enterprises aided and abetted the commission of offence, as an amount of Rs. 5,50,000/- and Rs. 39,95,000/- were transferred in the accounts of those firms, maintained with Canara Bank, Chandni Chowk and the Punjab and Sind Bank, Safdarjung Enclave, New Delhi, from the account of M/s Juniper Jewellery Pvt. Ltd. The petitioner's role as abettor and conspirator in the offence, was alleged, in dishonestly misappropriating the money, at the instance of Smt. Nandita Bakshi and V.K. Jha. The CBI filed a charge sheet on 11-03-2003 against 13 persons including the petitioner Accused no.9, and the company M/s Juniper Jewellery Pvt. Limited Accused no.1. The trial court arraigned and charged all those 13 accused by the CBI.