RATHINAM Vs. STATE

JUDGEMENT

(1.) THE learned senior counsel for the petitioner submits that the petitioner has come forward with this revision seeking to set aside the order of the learned II Additional District Judge for CBI cases, dated 3.5.2007 made in Crl.M.P. No. 190 of 2007 in C.C. No. 33 of 2007. It is submitted by the learned Senior counsel for the petitioner that the petitioner has been arrayed as A13 and he is facing trial for the alleged offences under Sections 120-B, 420 I.P.C., and Sections 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act.

(2.) IT is contended by the learned senior counsel for the petitioner that absolutely no material is available on record to implicate the petitioner herein and the alleged offence under Sections 120-B, 420 I.P.C. and other offences are not at all made out against the petitioner herein. IT is further submitted that as far as the petitioner is concerned, the petitioner has only issued cheques and the same was utilsied by the other co-accused and as such, the petitioner is not in anyway responsible or liable for any offence, much less the offence under Section 120-B and 420 I.P.C. and other offences as mentioned in the charge-sheet.

(3.) PER contra, Mr. N.Chandrasekaran, learned Special Public Prosecutor, CBI cases, contended that there are serious allegations levelled against the petitioner herein. It is submitted by the learned Special Public Prosecutor that the charge against the petitioner is that the petitioner as A13, opened fictitious current accounts, viz. 50193 in the name of Thirumagal Fabrics, Salem, with Lakshmi Vilas Bank, Gugai and 1794 in the name of Southern Textiles, Coimbatore, with Central Bank of India, Coimbatore.