GOPAL JHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present revisional application under Sec. 482 of the Code of Criminal Procedure has been preferred against the judgment and order dtd. 17/7/2018 passed by the learned Additional District and Sessions Judge, Fast Track Court No. II, Bichar Bhawan Calcutta in Criminal Revision No.176 of 2016 thereby dismissed the same and affirmed the order dtd. 17/5/2016 passed by the learned Metropolitan Magistrate, 21st Court, Calcutta, in GR Case No.2252 of 2009.

(2.) It has been contended by the petitioner that the CBI/EOW/Kolkata registered the instant case No.8/E/2008/Kolkata on the basis of a letter of complaint of the Senior Manager, Bank of India alleging, inter alia, commission of offence under Sec. 120B read with 419/420/467/468/471 of the Indian Penal Code against the present petitioner who is proprietor of M/s. Avinash Hosiery.

(3.) In the FIR it has been alleged that a fraud has been practised at Bank of India by the present petitioner and others by way of cash credit facilities amounting to Rs.150.00 lakhs from Bank of India on the basis of mortgage of immovable properties including third party collateral securities and other fake security/guarantee documents purportedly executed by the real owner of the properties.