P MADAN MOHAN RAO Vs. STATE OF AP

JUDGEMENT

(1.) This criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.21 of 2002 on the file of the Special Judge for Central Bureau of Investigation (for short 'C.B.I') Cases, Hyderabad so far as it relates to the petitioner who is arrayed as A-2 in the said calendar case.

(2.) The relevant facts, in brief, are as follows :

(3.) The petitioner herein Dr. P. Madan Mohan Rao is a Paediatrician and Neo-natalogist. He made an application on 22-11-1994 to the Corporation Bank for loan of Rs.3,82,500/-for purchase of medical equipments viz., incubators, warmers and infusion pumps worth Rs.5,10,000/- from M/s. General Equipments, Pune. The petitioner herein opened Savings Bank Account No.7683 for that purpose on 3-12-1994 and made initial cash deposit of Rs.1.28 lakhs, on 4-12-1994 the bank sanctioned loan of Rs.3,82,500/- and disbursed the same by way of issuing pay order of Rs.5.10 lakhs in favour of M/s. General Equipments after debiting Rs.1.28 lakhs in the savings bank account of the petitioner and the said pay order was issued after the petitioner produced proforma invoice of M/s. General Equipments, Pune for supply of electro medical equipments to the petitioner. Further the petitioner had produced a quotation dated 18-11-1994 issued by M/s. General Equipments Ltd., Pune for the above said medical equipment. The said pay order was encashed at Hyderabad itself through Bank of Baroda after depositing the same with Current Account No. 1324 of M/s. General Equipments Ltd., Pune on 5-12-1994. On the same day a sum of Rs.5 lakhs was transferred to the Current Account No. 1161 of Hyderabad Medical Management Group in the same branch operated by A-3 who is an employee of new citi hospitals (Secunderabad Health Care Limited) and out of it Rs.1,25,000/- was encashed duly producing self-drawn cheque and thereafter on the same day from the said Account No.l 161 a sum of Rs.3,75,000/- was transferred to the Current Account No.433 which is the account of Secunderabad Health Care Limited (A-7).