ASHOK C GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE petitions involve common questions on law and facts and hence, they are disposed of by this common judgment and order. A private complaint u/s. 7, 8, 9, 12, 13(1)(2) of the Prevention of Corruption Act and Sections 405, 409, 420, 34 and 114 of Indian Penal Code came to be filed by respondent no.2 herein on 15.03.2005 before the Court of learned Addl. Principal City Sessions and Special Judge, Ahmedabad against the petitioners and the Company inter alia alleging that the accused persons, the petitioners herein, who are the Administrators, Directors / Owners of a registered Company, named, Core Healthcare Pvt. Ltd., had borrowed loan to the tune of more than Rs.300 Crores from different Banks / Financial Institutions, in connivance with the Bank officials of the concerned Banks and subsequently, did not make payment of the loan amount and thereby, committed fraud with the Banks / Financial Institutions. The said private complaint was numbered as Inquiry Case No.1/2005.

(2.) ON the said complaint, the Court below directed the Anti-Corruption Bureau, Ahmedabad (for short, 'the ACB') to carry out investigation u/s.156(3) of the Code of Criminal Procedure (for short, 'the Cr.P.C.') and to submit Report within three months by order dated 31.03.2005. After carrying out necessary investigation, the investigating agency filed a Final Report u/s.173 of the Cr.P.C. dated 19.06.2006 praying for B-Final Summary. Against the aforesaid Report, respondent no.2 preferred a Protest Application. After hearing both the sides, by order dated 11.09.2007, the Court below directed the ACB to appoint a Senior Officer of the rank of Assistant Director and to carry out a detailed investigation, particularly, with respect to the alleged role played by bank officials. Pursuant to the above order dated 11.09.2007 passed by the Court below, the ACB carried out further investigation and thereafter, submitted a B-Summary Report dated 25.01.2008, the contents of which were similar to its earlier Report dated 19.06.2006. However, the said Report was rejected by order dated 27.02.2008, which reads as under;

(3.) EVEN today, when the matter was called out, none was present on behalf of respondent no.2-original complainant. Therefore, the Court considered the Written Submissions filed on behalf of respondent no.2, which forms part of the record of Criminal Misc. Application No.4336/2008, at Page-156.