LAWS(TLNG)-2024-3-111

CENTRAL BUREAU OF INVESTIGATION Vs. RAMESH GELLI

Decided On March 14, 2024
CENTRAL BUREAU OF INVESTIGATION Appellant
V/S
Ramesh Gelli Respondents

JUDGEMENT

(1.) Both these criminal revision cases are preferred under Ss. 397 and 401 of Criminal Procedure Code (for short 'Cr.P.C.') by the petitioner/Central Bureau of Investigation (for short 'CBI') aggrieved by the common order dtd. 10/3/2010 passed in Crl.MP Nos.3214 of 2008 and 3215 of 2008 both in CC No.21 of 2008, on the file of the learned Special Judge for CBI Cases, Hyderabad wherein and whereunder the accused Nos.1 and 2 i.e. the respondents herein were discharged from the offence under Sec. 13(2) read with Sec. 13(1)(d) of Prevention of Corruption Act, 1988 (for short 'PC Act') in the said calendar case.

(2.) Heard Smt.Anandi, learned Special Public Prosecutor appearing for CBI/petitioner and Sri L.Ravi Chander, learned senior counsel appearing for the respondent in Crl.RC No.365 of 2011 and Sri E.Umamaheshwar Rao, learned counsel representing on behalf of Sri C.Sharan Reddy, learned counsel for the respondent in Crl.RC No.406 of 2011. Perused the record.

(3.) CC No.21 of 2008 on the file of the learned Special Judge for CBI Cases, Hyderabad has arisen out of the crime in RC No.6(E) of 2005, registered by the petitioner against the respondents herein, who are the accused Nos.1 and 2 and others, who arrayed as accused Nos.3 to 6 for the offences under Ss. 409, 420, 467, 468, 471 of Indian Penal Code (for short 'IPC') and Sec. 13(2) read with Sec. 13(1)(d) of PC Act alleging that the respondents being the public servants in the capacity of Chairman and Managing Director and Executive Director of erstwhile Global Trust Bank, between the years 1994 and 2003, conspired with accused Nos.3 to 6, cheated the said bank in the matter of recommending/sanctioning/disbursing/availing huge credit facilities by dishonestly and fraudulently inducing the bank to part with its funds in the form of letter of credits and bills discounting facility with false and fabricated bills and also in the matter of recommending/sanctioning/disbursing and availing the enhanced limit without adequate security, causing misutilization/diversion of funds and also pecuniary advantage to themselves and pecuniary loss to the bank since the said amounts became irrecoverable and in such process, the bank suffered the loss to a tune of Rs.10.25 crores.