(1.) Heard learned counsel for the revisionist and the learned A.G.A.
(2.) This revision has been filed for quashing of the order dated 05.08.2019 passed by the Special Judge, Anti Corruption, C.B.I. (Central), Lucknow in Criminal Case No. 1051 of 2018 (State through C.B.I. Vs. Vikram Kothari and Ors.), by which the discharge application of the revisionist was rejected. A further prayer has been made for setting aside the charges framed against the revisionist.
(3.) Factual matrix of the case is that an F.I.R. No. RCBD1/2018/E/0001 of 2018 was registered by C.B.I. (B.S. and F.C.), New Delhi, on the complaint made by Shri Brijesh Kumar Singh, Deputy General Manager/Regional Manager, Bank of Baroda, Kanpur, under Section 120B read with Sections 420, 467, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, with the allegation that M/s. Rotomac Global Pvt. Ltd. (hereinafter referred to as the ''Company') and its Directors cheated the Bank for a sum of Rs.456.63 crores and also other banks, total amounting to Rs.2919.39 crores and did not repay the loan amount. After investigation, charge sheet dated 19.05.2018 was filed against the Company and its Directors, including the revisionist. It is alleged in the charge sheet that the revisionist, during his posting as Senior Manager, IBB, Bank of Baroda, Kanpur, he entered into criminal conspiracy with the Directors of the Company and approved disbursement of 6 instances of Packing Credits (PC), out of which, 3 PCs were without obtaining credit report and 3 other PCs were approved in spite of poor credit reports. Aggrieved, the revisionist moved an application for discharge under Section 239 Cr.P.C. before the Special Judge, Anti Corruption, C.B.I. (Central), Lucknow, which was rejected by the impugned order dated 05.08.2019 and consequently, charge have been framed against the revisionist under Section 120B read with Sections 420, 467, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. Hence, this revision.