NANDKISHORE SHANKARLAL TRIVEDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these applications arise out of Regular Criminal Case No. 847 of 2002 pending on the file of Chief Judicial Magistrate, Amravati (hereinafter referred to as 'the learned CJM'). The applicant in Criminal Application No.1472 of 2024 (hereinafter referred to as 'accused No.23') is arrayed as an accused No. 23 and the applicant in Criminal Application No.1503 of 2024 (hereinafter referred to as 'accused No.22') is arrayed as an accused No.22. The application made by accused No. 23 for discharge came to be rejected vide order dtd. 24/6/2024 passed by the learned CJM. The revision filed by accused No. 23 challenging this order was dismissed on 11/7/2024. The learned CJM framed the charge against accused No. 23 on 22/7/2024. rejection of his discharge application as well as the order of framing of a charge. The charge against accused No. 22 was framed on 1/7/2024. Accused No. 22 has challenged the charge principally on two grounds. Firstly, that before framing the charge he was not granted an opportunity of hearing and secondly, that there is no material to frame the charge against accused No. 22, inasmuch as the dispute is purely of a civil nature. In view of the above, both these applications are being disposed of by this common judgment and order.

(2.) Background facts:

(3.) It was alleged in the report that the Directors of the bank and office bearers in collusion and in connivance with the Directors of Giltedge Limited and Century Dealers did not deliver the government securities as agreed to the bank. In collusion they have caused wrongful loss to the tune of Rs.9,70,00,000.00 (Rupees Nine Crores Seventy Lacs only) to the bank.