RAMESH CHANDRA MAJI Vs. STATE

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed by the applicant for quashing of the order dated 13.06.2014 passed by Special Judge, Anti -Corruption, C.B.I. (Central), Lucknow in Criminal Misc. Case No. 34/2008, whereby the learned court below while rejecting the final report, has passed the order summoning the applicant and two others under Ss. 120 -B, 420, 467, 468, 471 IPC and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act. The applicant has also prayed for quashing of the entire criminal proceedings of Criminal Case No. 3/2014, pending in the Court of Special Judge, Anti -Corruption (Central), Lucknow.

(2.) The brief facts are that Shri J.C. Malhotra, Dy. General Manager, UCO Bank, Halsey Road Branch, Kanpur filed a complaint on 29.06.2006 against the officers of his own bank, namely, Kewal Krishna Mehta, Satyendra Sharma and the present applicant Ramesh Chandra Maji for committing the offence of criminal conspiracy, cheating, forgery, falsification of accounts, criminal misconduct to the tune of more than Rs. 1.00 crore between the year 2003 -2005. The matter was investigated by C.B.I. and closure report was submitted. The learned court below after receiving the final report, issued notices to the complainant Bank, who in turn filed a protest petition against the final report submitted by C.B.I. The learned court below considering the protest petition and the final report submitted by the C.B.I., rejected the final report and proceeded against the applicant and two others.

(3.) I have heard Shri Nandit Kumar Srivastava, learned counsel for the applicant and Shri Bireshwar Nath, learned counsel for the C.B.I. as well as Shri G.K. Srivastava, learned counsel appearing for the opposite party No. 2 - UCO Bank.