O VASUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in a prosecution launched on the basis of a final report submitted by the respondent/C.B.I. for the offences punishable under Sec.120B read with Secs.420, 467, 468 and 471 of the IPC. Altogether there are five accused persons. The petitioner/1st accused is the Assistant General Manager of the State Bank of India. Accused No.2 is the Divisional Manager - subordinate to the petitioner. Accused No.3 is the loanee/consignor. Accused No.4 is the carrier and accused No.5 is the consignee.

(2.) The crux of the allegations is that forged documents were produced before the bank for discounting by the 3rd accused. The said documents were produced before the bank by the 3rd accused - loanee/consignor. Alterations/forgery were effected in the documents issued. It is alleged that all the five accused persons entered into a conspiracy. Discounting of the document was effected in pursuance of such conspiracy and unjust loss were suffered by the bank by such culpable conduct indulged in by accused 1 to 5.

(3.) The petitioner/1st accused pleaded for discharge before the learned Chief Judicial Magistrate. The learned Chief Judicial Magistrate by the impugned order rejected the prayer for discharge and held that charges are liable to be framed under Sec.240 of the Cr.P.C. Though not strictly necessary, a detailed speaking order is seen passed.