KALPESH JAYRAM KOSHTI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This application under Section 397 read with Section 401 of the Criminal Procedure Code questions, the propriety, correctness and legality of the order dated 27th September 2019, by which the learned Sessions Judge, CBI, Greater Mumbai, refused to discharge the applicant from the CBI Special Case No.4/2018.

(2.) Prosecution case is that, Central Bureau of Investigation, Economic Offences Wing, Mumbai registered the FIR under Section 120B read with Sections 420, 465, 467, 468, 471 of the Indian Penal Code on 31st August, 2017 on the basis of written complaint of Shri. D.G. Kallatti, Deputy General Manager of CBI, against M/s. Ashoka Property Developers and M/s. Ashish Communication Systems, its Directors/Guarantors and thirteen others, including two bankers and the applicant-accused no.11.

(3.) Complainant would allege, that accused entered into criminal conspiracy in the year 2011 to cheat, the Central Bank of India, Peddar Road Branch, Mumbai, to the tune of Rs.17 crores by creating false and fabricated documents and further dishonestly suppressing material information, in respect of the immovable properties, which were offered as collateral security either by its over-valuation, or otherwise for availing credit facilities and misutilising the same.