RAJENDRA KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all these petitions arise out of a common order and involve common facts and law, therefore, for convenience they are being decided by a common order.

(2.) These six criminal misc. petitions under Section 482, Cr.P.C. are directed against the common order dated 26-6-2001 passed by the Additional Sessions Judge No. 3, Udaipur in Criminal Revision Petitions No. 15, 16, 17, 18 and 19 of 2001 filed by petitioner Rajendra Kumar Jain and Criminal Revision Petition No. 20/2001 filed by petitioners Sanjay Babel and another against the order dated 1-2-2001 passed by Chief Judicial Magistrate, Udaipur whereby the trial Court framed charges of the offences under Sections 406, 420 467, 468, 471 and 120B, I.P.C. against the petitioners and Shri I.S. Babel.

(3.) Brief facts of the case, which are necessary for the decision of these misc. petitions are that on 21-12-1998 F.I.R. Numbers 582/99, 583/99, 584/99, 585/99 and 587/99 were lodged against the petitioners and one I.S. Babel, father of the petitioners in S.B. Criminal Misc. Petition No. 480/2001 who at the relevant time was an employee of Udaipur Central Co-operative Bank Ltd. (hereinafter referred to as 'the Bank') on the post of Manager for the offences noticed above. The petitioner Rajendra Kumar Jain is one of the Directors of the firm M/s. Pinkcity Paper Converters Ltd., Jaipur and the petitioners Sanjay Babel and Kamlesh Babel are the sons of co-accused I.S. Babel and are partners of the family firm of the co-accused I.S. Babel M/s. Jain Divakar Agency, Jaipur and M/s. Actual Trading Co. It was alleged that by entering into conspiracy with the petitioners Rajendra Kumar Jain, Sanjay Babel and Kamlesh Babel co-accused Shri I.S. Babel, forged various documents and by deceitful means cheated the Bank and misappropriated a huge sum of Rs.93,83,000.00. In the aforesaid F.I.Rs., the police registered the cases and investigated the matter. After investigation, as many as five charge-sheets for the offences noticed above, were filed before the trial Court against the petitioners and Shri I.S. Babel.