INDIAN OVERSEAS BANK Vs. D RAJASEKHAR RAO

JUDGEMENT

(1.) In these three cases a common question arises and hence they are disposed of by common order.

(2.) The Criminal Revision Cases are directed against the order passed in C.C.Nos. 20 of 1989; 42 of 1989 and 53 of 1989 on the file of the Special Judge for CBI Cases, Visakhapatnam, discharging the 1st respondent under Section 239 of Code of Criminal Procedure (for short, 'the Code').

(3.) The State filed the chargesheet against the 1st respondent, who is an Agricultural Officer, Indian Overseas Bank, Ananthavaram Branch. During the relevant period, he was working as in-charge Branch Manager. It is alleged that he entered into a criminal conspiracy with the 2nd respondent to cheat the bank by creating loan documents in the names of landless borrowers and to falsify the bank records, though in fact no loan amounts have been disbursed. Thus the respondents 1 and 2 dishonestly cheated the bank to the extent of Rs. 32,5007-. The charge sheet was filed for the offences under Sections 120-B, 420, 477-A I.P.C. and under Section 5(2)r/wSection5(l)(d) of Prevention of Corruption Act, 1947. The prosecution has examined 14 witnesses and the accused persons also have been examined. Thereafter the question arose whether the sanction granted by P.W.9 in the case, the Deputy General Manager was a valid sanction or not. After considering the evidence and the provisions of law, on this aspect the learned Spl. Judge held that P.W.9 was not the proper authority to grant sanction. This order is under challenge in these Crl. Revision Cases.