NIKHIL GIRISH PATT Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for respondent No.1-CBI and learned APP for State.

(2.) The order under challenge is dtd. 17/2/2023 passed by the Special Court for CBI at Greater Bombay thereby framing an additional charge for the offence punishable under Ss. 467 read with 120-B of the Indian Penal Code, 1860 (hereafter 'the IPC' for short) in view of Sec. 216 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C.', for short).

(3.) The respondent No.1-CBI registered a case vide RC No.02/E/2013-Mumbai under Ss. 120-B read with 420, 406, 409, 465, 467, 468, 471 of the IPC and Ss. 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, (for short "PC Act"), on the basis of the complaint dtd. 29/1/2013 of Shri K. Rajaraman, Deputy Zonal Manager, Bank of India, Mumbai North Zone, alleging that Shri Nikhil Girish Patt (A-1), Proprietor M/s. Madhav Enterprises; Shri Chandrakant Rajiv Desai (A-2), Proprietor M/s. Parmar Trading Corporation; Shri Samir Natwarlal Shah (A-3), Proprietor M/s. Siddhi Graphics; Shri Himanshu Rajendra Bhatt (A-4); Shri Ailesh Nemishchandra Shah (A-5) and Shri Damodar R. Kamath (A-6), the then Senior Manager (Credit), Vijaya Bank, Barakhamba Road Branch, New Delhi, cheated the Bank of India, Vile Parle (East) branch by submitting false Letter of Credits ('LCs' for short) purportedly issued by the Vijaya Bank, Barakhamba Road Branch, New Delhi and thereby caused loss of Rs.10,18,02,184.00. On completion of the investigation, a charge-sheet was laid before the Special Judge for CBI cases at Mumbai on 23/11/2023 against the accused. A Special Case No.109 of 2013 was assigned to the instant charge-sheet. On 5/4/2016 the trial Court framed the charges vide Exhibit 112 against the accused persons viz. accused Nos.1 to 7 under Ss. 120-B read with 420, 468, 471 of the IPC and Ss. 13(1)(d) read with 13(2) of the PC Act. The trial proceeded and presently the matter is posted for cross-examination of the Investigating Officer. Respondent No.1-CBI has already examined 11 witnesses.