KAMAL KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Petitioner prays for quashing order dated 18-8-2007, passed by the Special Judge, CBI, Patna in R.C. 31/A/97 being Special case No. 15 of 1997 rejecting the Petitioner's discharge application filed under Section 239 of the Code of Criminal Procedure.

(3.) The prosecution case in short is that the Petitioner while functioning as Branch Manager, Marufganj Branch, State Bank of India, Patna City entered into a criminal conspiracy with M/s. Laxmi Traders, M/s. Surya Plastic, M/s. Trisul Enterprises and others, during the period 1989-91 and in furtherance thereof, fraudulently and dishonestly sanctioned Cash Credit (CC) limit causing loss to the bank to the tune of Rs. 5.25 lakhs. It is further the prosecution case that some of the firms were non-existent and the Petitioner accepted the guarantee deeds executed by the persons who had already died. Furthermore, new guarantors were accepted without informing Zonal office/Head office, SBI. Thus, he sanctioned and disbursed loan to M/s. Surya Plastic in utter violation of Banking Rules and norms and overlooked the irregularities committed by the said firm. On the basis of aforesaid report filed by the Inspector of police, CBI, S.P., Patna, RC 31(A)/97-Pat was instituted under Sections 120-B, 418, 420, 467, 467, 468 and 471, IPC and Section 13(2) r/w 13(l)(d) of the PC Act, 1988 against five accused persons including the Petitioner. The CBI after investigation submitted charge-sheet under the aforesaid sections.