R NARASIMHAN Vs. STATE

JUDGEMENT

(1.) This Application has challenged the order of the learned Special Judge, CBI7Additional Sessions Judge, Greater Bombay, dated 13.3.2003, rejecting the Discharge Application of the Applicant herein, who was accused No.4 in Special Case No.61 of 1999 before the learned Judge and also of accused No.3 therein. Accused No.3 has not challenged the said order.

(2.) The Applicant/accused No.4 herein was charged with having committed offences under Section 120 B of the Indian Penal Code read with Sections 5(2) and 5(l)(b) of the Prevention of Corruption Act, 1947 (P.C. Act) corresponding to Sections 13(2) and 13(l)(d) of the P.C. Act, 1988. The Applicant served as Vice President at New York Branch, Bank of Baroda. The Applicant was appointed to the said post in September, 1987, which he continued to hold until December, 1990. The acts committed by the various officers of the Bank as also the third parties with whom they had certain transactions of sanctioning an overdraft facility, credit facility and Letters of Credit (LCs) were stated to be for the period between 1984 and 1988. Hence, in respect of the Applicant, the period between September, 1987 and December, 1988 would be material. The Applicant returned to India in 1991 and retired on 27th February, 1999. The case was registered by the CBI in the year 1992.

(3.) The charge sheet contains documents of the relevant period as also several other documents being letters, notes etc. of the accused/Applicant of the period between 1989 90, which has been argued upon on behalf of the accused/Accused.