IN THE MATTER OF : KUNAL PODDAR Vs. STATE

JUDGEMENT

(1.) This application under 482 of the Cr. P. C. has been taken out by Kunal Poddar, a person made an accused in Case No.RC 11 of 2012 pending in the Court of the learned 3rd Special Judge, Calcutta under Section 120B/420/467/468/471/477 of the Indian Penal Code read with Section 13 (1) (c) and (d) as well as Section 13 (2) of the Prevention of Corruption Act arising out of C.B.I. Special A.C.B. Calcutta Case No.13 (A) of 2001 under the aforementioned section.

(2.) The petitioner Kunal Poddar has taken out this application after rejection his prayer under Section 239 of the Cr. P. C. in the learned Judge. The learned Judge passed that order on 23.7.2007. The petitioner has challenged the legality, validity and propriety of the said order also.

(3.) Originally a criminal action was initiated against Amitava Gupta and and Sanjoy Lohia by the C.B.I. wherein it was alleged that Amitava Gupta prepared and passed debit voucher on FD/CDs interest and fraudulently prepared credit voucher favouring CC A/c.No.63 of Aaina Merchant. He shown undue favour to the Director, Aaina Merchant (P) Ltd. and fraudulently transfer debit voucher for Rs89,13,180/- paid to CD/FDR and Rs. 7,68,41,589/- on FDR and to tally the Branch Balance Book, he further prepared and passed credit voucher giving false head co-operative book of Rs. 7,16,102/-, certificate deposit of Rs. 8,38,38,667/- and Rs. 12,00,000/- in CC A/C.No.63 dishonestly and fraudulently by abusing his official position as a public servant to the detrimental of interest as Oriental Bank of Commerce wherein he was acting as Manager. The case was investigated into thoroughly by the C.B.I. which could unearth the truth. In course of investigation, he was revealed that Amitava Gupta in conspiration with Sitaram Poddar and Kunal Poddar, Director of M/s. East India Wires (P) Ltd. whose business address is at New Santoshpur Road, Kolkata and in furtherance to that conspiracy on 18.3.1996, he discounted a bill of M/s. Vivek Steels against letter of credit for Rs. 28 lacks against one invoice of Rs. 1,81,716/- and Rs. 1,72,480/- totalling Rs. 3,54,196/-. It was revealed further in course of investigation that Sitaram Poddar, Kunal Poddar (petitioner herein) and Mohanlal Ghosh were Directors of East India Wires (P) Ltd. During the investigation, it was found that their firm opened a current account in Oriental Bank of Commerce, Shyambazar Branch and operator of this account were Sitaram Poddar and Mohanlal Ghosh. But Mohanlal Ghosh, it was found afterwards, resigned from his office of Directorship of the M/s. East India Wires (P) Ltd. on 22.5.1995 before the transaction in question and submitted his resignation to the Registrar of Companies. Therefore, he was not sent up. In the page '8' of the charge sheet, it has been mentioned that Mohanlal Ghosh and Kunal Poddar (petitioner herein) not taken any part for the utilisation of the frauded money of Rs. 2,50,000/- transferred to M/s. East India Wires (P) Ltd. by Amitava Gupta. In page '9' of the charge sheet, however, it is stated that it has been established that for the misdeed of Amitava Gupta, the Oriental Bank of Commerce, Shyambazar Branch sustained a net loss of Rs. 17,43,208/- and wrongful gain to Tapan Roy, Proprietor of M/s. Trade Linkers to the tune of Rs. 14,93,208/- and wrongful gain to Sitaram Poddar and Kunal Poddar, Directors of M/s. East India Wires (P) Ltd. to the tune of Rs. 2,50,000/-.