NAMITA DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application is directed against the order dated 12.8.2015 passed by the Additional Sessions Judge-cum-Special Judge,C.B.I, Dhanbad in R.C.No.9(A) of 2012-D whereby and whereunder application filed under Section 205 of the Code of Criminal Procedure for dispensation of the personal attendance was rejected.

(2.) Before adverting to the submissions advanced on behalf of the petitioner, the facts upon which the case was registered under Section 120B read with Sections 420,468,471, 477A of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act are that one Suman Kumar, Sr. Additional Chief Accounts Officer, DVC, Bokaro Thermal Power Station, Bokaro issued certain cheques to different proprietory firm including the firm of the petitioner M/s. Shambhu Trading Company in conspiracy with proprietors which were encashed and all these acts had been done in conspiracy with each other. The case was taken up for investigation. Upon investigation, culpability of the petitioner, who, according to the petitioner, was only named lender to the firm known as M/s. Shambhu Trading company was found and thereby charge sheet was submitted. Upon submission of the charge sheet, an application under Section 205 of the Code of Criminal Procedure was filed which was rejected taking into account the gravity of the offence.

(3.) Being aggrieved with that order, this application has been filed. Mrs.Ritu Kumar, learned counsel appearing for the petitioner submits that the offence as alleged can be said to be serious but taking into account the role which was played by the petitioner and the fact that the money which was alleged to have been misappropriated has been refunded, the court should have allowed the application filed under Section 205 of the Code of Criminal Procedure as the petitioner happens to be a lady and that she was not managing the affairs of the business of the firm rather she was name lender.