R S CHHATWAL Vs. STATE

JUDGEMENT

(1.) THIS revision arises against the order passed by the learned XI Additional City Civil and Sessions Judge, Chennai, in Crl.M.P.No.1714 of 2010 in C.C.No.5 of 2007. By the orders under challenge, the Court below dismissed the petition moved by the petitioner herein seeking discharge.

(2.) THE case relates to the release of financial facilities by the Punjab & Sind Bank, Mount Road Branch, Chennai, on the basis of forged and fabricated documents to the tune of Rs.4.65 Crores and the borrower company and officials thereof and the bank stand charged for the offences under sections 120-B r/w. 420, 467, 468 and 471 I.P.C. THE petitioner had sought discharge informing that he was in no manner involved in the alleged transaction and he had only duly carried out his functions. Further investigation was conducted by the CBI/respondent against the petitioner and two others and it was found that the allegations against them are baseless. After the investigation, CBI filed a closure report on 12.03.2009. A.6 objected to the same by filing counter. A protest petition was filed by A.6 to issue process to 5 persons and direct the prosecution to place all the documents and materials collected during investigation and an order was passed on 16.06.2009. Summons were issued against the petitioner on 18.11.2009. A Revision petition was filed by the petitioner before this Court in which this Court observed as follows:-

(3.) IT is to be noted that any observations made above are merely for the disposal of the revision before us. The Trial Court shall decide the case on merits without being influenced by the dismissal of the present petition.