JITENDRA KUMAR SINGH Vs. STATE THR. CBI

JUDGEMENT

(1.) CRL.M.A. No. 7810 of 2006 (condonation of delay).

(2.) THIS petition under Section 482 CrPC seeks the quashing of criminal proceedings in Case No. 12/5 titled CBI v. J.K. Singh and Ors. under Section 120B read with Section 420 IPC pending before the learned Metropolitan Magistrate (MM), New Delhi insofar as the petitioner is concerned.

(3.) THE case of the Central Bureau of Investigation (CBI), which is the investigating agency in this case, is that on 6th December 1994 MISL issued a letter to BHEL under the signature of its Vice President whereby it stated that two sets of dispatch documents along with invoices and inspection certificate were to be sent to the Associate President of MISL and another four sets recommending release of payment to MISL Jajpur. It was stated that on the recommendation being made from Jajpur payment would be released to BHEL by MISL. According to the CBI, that these instructions regarding payment were contrary to the mode of payment stipulated in the letter of intent. It is stated that had this been done, it would have been ensured that the locomotives would be dispatched to MISL only after receipt of the full payment through the nationalized bank. The specific allegation in the chargesheet is that M/s. MISL with the intention of cheating BHEL, changed the mode of payment eliminating the contractual clause wherein dispatch hereby documents were to be routed through a nationalized bank which would have ensured fool proof performance of contractual obligations by M/s. MISL. The allegation against the Petitioner is that he intentionally and deliberately changed the mode of payment.