SHYAM SUNDER PRASAD Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Sri Ajay Kmar Rai, learned counsel for the accused-revisionist and Sri Shiv P.Shukla, learnerd counsel for the Central Bureau of Investigation, Lucknow.

(2.) Present Criminal Revision under sec. 397 readwith sec. 401 of the Code of Criminal Procedure, 1973 has been filed against the impugned order dtd. 2/5/2022 passed by the Special Judge, C.B.I. Court No. 6, Lucknow on an application filed by the C.B.I. under sec. 311 Cr.P.C. in Criminal Case No. 04 of 2014, Union of India Versus Shyam Sunder Prasad, arising out of RC006202014A0015 registered under sec. 7 and 13(2) readwith 13(1)(d) of the Prevention of Corruption Act,1988.

(3.) The case in question was registered vide RC No. 006202014A0015 against the accused-revisionist, Sri Shyam Sunder Prasasd, the then Branch Manager, Punjab National Bank, Branch-Dhanghata district-Sant Kabir Nagar under sec. 7 of the Prevention of Corruption Act, 1988, on 26/4/2014 on the basis of written complaint made by Sri Kaleem Ahmad. It was alleged in the F.I.R. that the complainant, Sri Kaleem Ahmad was sanctioned the Cash Credit Limit of Rs.8.00 Lakh from the Punjab National Bank, Dhanghata Branch, district-Sant Kabir Nagar on 26/3/2014. The complainant was issued one Cheque Book bearing nos. UKM 065501 to 065520 in respect of this Cash Credit Limit Loan Account. The complainant had issued eight cheques from the said cheque book and out of the these eight cheques, three cheques issued by him got cleared and three cheques were bounced/dishonoured. The complainant therefore, requested the parties to whom the remaining two cheques had been issued, not to produce/present them as the cheques issued by him in respect of the Cash Credit Limit Loan Account were being bounced/dishonoured.