APRESH GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. V.P. Srivastava, learned Senior Advocate assisted by Mr. Ishan Deo Giri and Mr. Shad Khan, learned counsel for the applicants, Mr. Rahul Srivastava, learned counsel appearing on behalf of opposite party nos. 1 and 3, Mr. Rabindra Kumar Singh, learned Additional Government Advocate for the State of U.P. / opposite party no. 2 and Mr. Ashish Agarwal, learned counsel appearing on behalf of complainant / opposite party no. 4.

(2.) The instant application under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the applicant, namely, Apresh Garg with a prayer to quash the charge-sheet no. 2 of 2023 dtd. 28/12/2023, supplementary charge-sheet no. 1 of 2024 dtd. 14/9/2024, cognizance / summoning order dtd. 29/11/2024 under Sec. 120-B read with 420 I.P.C. and consequential criminal proceedings of Misc. Criminal Case No. 4 of 2024 arising out of F.I.R. No. RC0532021E0005 dtd. 12/3/2021 registered at Police Station C.B.I., A.C.B., Lucknow pending in the court of learned Additional Special Judge, C.B.I., Court No. 1, Ghaziabad, U.P. Factual Matrix of the Case

(3.) Brief facts of the case, which are required to be stated are that on the basis of complaint dtd. 23/2/2021 of Mr. Saroj Kumar Dash, Regional Head, Union Bank of India, Regional Office, RDC Raj Nagar, Ghaziabad, an F.I.R. was registered by C.B.I. on 12/3/2021 against Jatin Sharma, Proprietor M/s Kajuwalla, Pawan Kumar Sharma (Guarantor), M/s Kajuwalla and other unknown persons for the offence u/s 120-B, 420, 467, 468 and 471 IPC. It is alleged in the FIR that M/s Kajuwalla through its proprietors Jatin Sharma, Pawan Sharma and other unknown persons cheated the Union Bank of India to the tune of Rs.20.00 Crores by way of misrepresenting the facts and diverting / misappropriating the funds sanctioned and disbursed by the Bank in the form of Loan amount, for their personal wrongful gain.