DHIRENDRA NATH SAMADDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure against an order dated July 17, 2018 passed by the learned Additional Sessions Judge, 3rd Court, Barasat, 24 Parganas(North) in connection with GR case No. 1016 of 2006 arising out of Barasat Police Station Case No. 466 dtd. 21/6/2006 under Sec. 120B read with Ss. 420/467/468/471 of the Indian Penal Code thereby rejecting the prayer of the petitioner for discharge in connection with the instant case.

(2.) The brief fact of the case is that petitioner is a panel advocate of a bank who issued a certificate namely "Non-Encumbrance Search Certificate" in respect of ownership of a landed property. The bank issued loan amounting to Rs.24,00000.00 on the basis of that certificate; the loan become unpaid. The bank filed a letter of complaint against the erstwhile Manager of the bank and other employees involved in issuance of said loan including the present petitioner.

(3.) It is the further case of the petitioner that the investigating agency during the course of investigation, is of finding that the landed property is not belonged to Mihir Ghauri and Ranjit Mallick but they have transferred the same in favour of Ayub Ali and Sk. Kasem Ali by virtue of power of attorney. The only allegation levelled against the present petitioner is that the petitioner has suppressed the fact in furtherance to a common intention and conspiracy with the other co-accused persons to cheat the said bank.