ENFORCEMENT DIRECTORATE Vs. RAJ GOPAL KANKANI

JUDGEMENT

(1.) The present revision has been preferred by the Enforcement Directorate challenging the order dtd. 3/10/2019 passed by the Spl Judge (C.B.I.) Court No. 3, Calcutta and Spl Judge PMLA Calcutta in ML Case no. 02 of 2017 discharging the accused Sri Raj Gopal Kankani from the case upon allowing the petition under Sec. 227 of the Code of the Criminal Procedure, 1973. FACTS:-

(2.) The petitioner's case is that a Telephonic information was received by the Accounts Sec. of Tinsukia Division of N.F Railway in early January 2009 that one MICR Cheque bearing No. 100008 of Reserve Bank of India, Kolkata pertaining to Divisional Accounts Officer, Tinsukia was required to be cleared and advise was solicited in this regard whether the Bank Branch can clear the cheque amounting to Rs.12,28,750.00 in favour of one Rantu Sharmah through his account in SBI, Dispur Branch. On checking it was found that no such cheque had been issued by the Accounts Sec. . On further checking it was found that a fraud had been committed and the Railway Authority immediately advised Reserve Bank of India to stop payment of all cheques bearing numbers from 100001 to 100050.

(3.) A complaint No Z/vig/Estt/2009 dtd. 13/1/2009 was lodged by the Chief Vigilance officer, N.F Railways, Maligaon and on that basis the Central Bureau of Investigation, ACO, Guwahati registered a case vide FIR No. 0172009A001 dtd. 20/1/2009 against 6 (Six) accused persons including the opposite party under Secs. 120B, 409, 467, 471 of IPC and Sec. 13(2) read with 13(1)(c) & (d) of Prevention of Corruption Act 1988 for fraudulent encashment of Railway cheques against the accused persons.