RAJESH NANUBHAI JHAVERI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This revision application is filed under Sec. 397 read with 401 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' referred hereinafter) challenging the order passed by the learned Additional Sessions Judge, Special Court at CBI Court No.1 dtd. 20/8/2015 in Special Case No.9 of 2008 below Exhibit 27 whereby the application preferred by the present applicant seeking discharge from the charges punishable under Sec. 13(1)(e) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 came to be rejected.

(2.) The case of the prosecution is that CBI has registered an offence for the above mentioned charges against the accused No.1, namely, Ashutosh Chandra (the then Senior Divisional Commercial Manager, Western Railway, Ahmedabad) on 31/1/2005. It has been alleged in the aforesaid case that accused No.1 Ashutosh Chandra joined Railway during 1995 as an Operational Manager, the check period was from 1/3/1996 to 2/2/2005, during this period it was revealed that an amount of Rs.1,11,25,000.00 was detected to have been received into the Bank account of Shri Ashutosh Chandra and his family member to their various Bank accounts maintained at Ahmedabad and it was found that same was disproportionate to his known source of income for which he could not furnish any satisfactory explanation. During the course persons as accused including the present applicant. Charge against the present applicant was that from the Bank account No.971 of M/s.Rajesh N. Jhaveri sole proprietor concerned through eight cheques an amount of Rs.24.00 Lakh was transferred into the account of Mr.Chandrika Prasad as well as Mrs.Chandrakanti Sinha who are parents of accused No.1 Ashutosh Chandra. This amount was transferred through cheque wherein the signature of Mr.Gautam Jhaveri was made as a proprietor of M/s.Rajesh N. Jhaveri. On the basis of this cheuqe the applicant was arraigned as accused and the chargesheet was filed against the present applicant.

(3.) Heard the learned advocate Mr.Vishal Anandjiwala for the applicant and learned Special Public Prosecutor Mr.R.C.Kodekar for respondent No.1.