AMARENDRA NATH GHOSH ALIAS BAPPA Vs. STATE

JUDGEMENT

(1.) The present application is for quashing of a proceeding being special case No. 7 of 1998 arising out of Case No. RC-6 (E) /96, CBI/bs and FC/new Delhi now pending in the Court of ld. Judge, 1st Special Court, 23 Parganas at Alipore under Section 120-B/409/420/477-A of the Indian Penal Code and S. 13 (2) read with S. 13 (1) (c) and (d) of Prevention of Corruption Act, 1988.

(2.) One Mr. B. K. Dhir, Regional Manager, Allahabad Bank. Regional Office (South) , Calcutta lodged a complaint dated 23-11-96 to the Superintendent of Police, Central Bureau of Investigation, Banking Securities and Fraud Call, New Delhi and on the basis of the said complaint a case was registered being Case No. RC-6 (E) /96-BSandfc/dli. The allegations made in the said complaint is that during period 94-95 one Mrs. S. R. Ramamani, the then Branch Manager, Allahabad Bank, Southern Avenue Branch, Calcutta entered into a criminal conspiracy with other persons of the Branch of Allahabad Bank including one Nilopam Das, Branch Manager, Pubjab National Bank, Shakespeare Sarani, Calcutta and also other private individuals and pursuant to the said conspiracy 29 Bankers cheques were issued amounting to Rs. 10. 84 crores without any consideration by Mrs. S. R. Ramamani in a fraudulent and dishonest manner. The said Bankers cheques were drawn in favour of non-existent entities who dishonestly and fraudulently encashed the said Bankers cheques through collection process by opening fictitious Accounts with Punjab National Bank, Shakespears Sarani and with the connievance of said Nilopam Das and other officials of Punjab National Bank without observing the Banking formalities thereby causing wrongful loss of Rs. 10. 84 Crores to Allahabad Bank.

(3.) On completion of investigation charge-sheet was submitted against the present petitioner and others alleging commission of offences under S. 120-B read with S. 409/420 of the Indian Penal Code and S. 13 (2) read with S. 13 (1) (c) and (d) of Prevention of Corruption Act, 1988. On the basis of the said charge-sheet the learned Judge. Ist Special Court, Alipore by his order dated 14-12-1998 took cognizance of the offence and issued process. It is at this stage the petitioner came up before this Court for quashing of proceeding.