BIMAL SINGH KOTHARI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned Sr. Counsel appearing for the petitioners/accused. Also heard Mr. S.C. Keyal, learned Standing Counsel for the respondent No. 1/, C.B.I. None appeared for the respondent No. 2/S.B.I.

(2.) This application under Sec. 482 Cr.P.C. is filed praying for setting aside and quashing the impugned order, dtd. 12/12/2018, passed by the learned Special Judicial Magistrate, Kamrup (M) at Guwahati in Special Case No. 4792/2003 and to discharge the petitioners/accused of the charges framed under Ss. 120B/467/420 of the IPC.

(3.) The petitioners' case precisely is that they are arrayed as accused persons in the Special Case No. 4792/2003 pending in the Court of learned Special Judicial Magistrate, Kamrup (M), Guwahati. The criminal case was launched based on a written complaint, dtd. 3/5/2002, filed by the respondent No. 2/State Bank of India, L.H.O., Guwahati before the Superintendent of Police of C.B.I./respondent No.1, herein, whereupon Crime No. RC. SIA-2002-E-0002, dtd. 6/5/2002 was registered. On completion of investigation, the respondent No.1 laid a charge-sheet under Ss. 120B/420 of the IPC against the present accused petitioners and another private person and under Sec. 420 of the IPC against 4(four) companies, on having found a prima facie case that they in pursuance of a criminal conspiracy with each other had cheated the respondent No. 2/S.B.I. and thereby they wrongfully gained causing wrongful loss to the said bank to the tune of Rs.72.43 Crores. The investigation prima facie revealed that the petitioners and their associates, inter-alia, used forged Power of Attorneys to execute various documents required to avail loans from the respondent No. 2/S.B.I., the details of which are stated in the charge-sheet being SIU(X)/SPE/CBI/New Delhi, charge-sheet No. 01 dt. 31/10/2003. Thereafter, on careful consideration of the materials available on the case record and hearing the learned counsel of both sides, having found a prima facie case, the learned Special Judicial Magistrate, Kamrup (M) at Guwahati framed charges against all the charge- sheeted accused persons/companies including the present petitioners under Ss. 120B/467/420 of the IPC, rejecting their prayer for discharge from the case. For convenience, the aforesaid impugned order, dtd. 12/12/2018, is extracted herein below-