MANOJ JASWANTRAI SHETH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) HEARD Mr. Shirish Gupte with Mr. Prakash Naik and Shri Vijay Garg for the petitioner and Mr. D. Y. Chandrachud, Additional Solicitor General of India, with Mr. H. V. Mehta for the respondent No. 1 and learned A. P. P. for respondent No. 2.

(2.) THIS petition is filed by original accused No. 5 against the order of Special Judge Mrs. R. S. Dalvi rejecting his application for discharge. Before appreciating respective arguments it is necessary to quote certain facts of the prosecution case.

(3.) ACCORDING to prosecution, accused S. D. Patil was working as a Branch Manager of Bank of Maharashtra, Deonar Branch, Bombay during relevant period and he entered into criminal conspiracy with Ompratap Singh, the proprietor of M/s. Delhi Oil Emporium, M/s. Dwarkadhish Commodities and M/s. Godavari Films with the help of his wife Smt. Madhu Pratap Singh and one Vikaram Singh and present accused M. J. Sheth to the common object of cheating and defrauding the Bank of Maharashtra. Modus operandi, according to prosecution, was that with the help of present accused/petitioner Ompratap Singh opened a fictitious Bank account in different Banks in the name of one non-existing firm M/s. Chemox Corporation. This account was opened by the present petitioner. Some cheques were issued by him towards the said account and when the cheques went to the respective Banks for encashment, on the same day requisite cash was deposited in the account, as a result of which, the cheques came to be honoured and in this manner confidence of those Banks was gained by present accused and Ompratap Singh with a view to make rosy picture before the Bank of Maharashtra and to induce Bank of Maharashtra to enter into cheque purchasing facility with Dwarkadhish Commodities. According to prosecution, M/s. Chemox Corporation never existed, it had no business transaction, it had not issued any cheque to any other persons but to M/s. Dwarkadhish Commodities and black money of M/s. Dwarkadhish was deposited in the respective banks for honouring the cheques only and in this manner the present accused became a party to the conspiracy and aided and abeted the said offence in collusion with other accused.