A.M. ASHIQ ARAFAT Vs. STATE

JUDGEMENT

(1.) This Criminal revision case has been directed against the order dated 29.9.2015 passed in Crl.M.P.No.5515 of 2014, in Calendar Case No.28 of 2012, by XI Additional Special Judge for CBI cases, relating to Banks and Financial Institutions.

(2.) The revision petitioner, as petitioner, has filed Crl.M.P.No.5515 of 2014 in Calendar Case No.28 of 2012, on the file of the trial Court, praying to give tender of pardon to him, wherein, the present respondent has been shown as respondent.

(3.) The material averments made in the petition are that the respondent, as complainant, has filed a final report under Sections 120-B r/w.420, 467, 468, 471 of the Indian Penal Code, 1973 and also under Sections 13(1)(d) r/w.13(2) of the Prevention of Corruption Act, 1988 and the same has been taken on file in Calendar Case No.28 of 2012, wherein, the present petitioner has been arrayed as 6th accused. Further it is averred in the petition that the petitioner is an innocent person. The petitioner has had no personal knowledge about the opening of fititious account in the name of M/s.Steel India with Axis Bank, George Town Branch, Chennai. None of the witnesses stated anything about the role of the petitioner. In the statements given by Witness Nos.31, 32 and 34, it is clearly pointed out about their performance in connection with the transactions, but they have not been shown as accused. The signatures of the petitioner have been fraudulently obtained. The petitioner is a relative of the 3rd accused. Since some of the accused have been arrayed as witnesses, the same yardstick can also be extended to the petitioner. Under such circumstances, the present petition has been filed to discharge the petitioner by way of giving tender of pardon.