JUDGMENT

K. RAMASWAMY, J. :—Special leave granted.

2. The appellant, accused No. 2 in P.Ch. (CBI) No. 40/2, dated February 1, 1985, F.I.R. No. RC Nos. 2 to 4/1983 dated March 4,1983 and P.S. SPE/ CBI/CTU(E) I/New Delhi, Dist. Delhi and four other namely, V. P. Anand, Baldev Raj Sharma, Bansi Lal and Ranjit Kumar Marwah are accused in the said case. It is the prosecution case that the accused hatched a conspiracy at Chandigarh to cheat Punjab National Bank for short PNB. In furtherance thereof V. P. Anand floated three New Link Enterprises and M/s. Moonlight Industries in the name of Baldev Raj Sharma, his employee and M/s. Guru Nanak Industries in the name of Bansi Lal, yet another employee. He opened current accounts in their respective names in the P.N.B. at Chandigarh. In furtherance of the conspiracy and in confabulation with V. P. Anand, the appellant, Ajay Aggarwal, a non-resident Indian at Dubai who is running M/s. Sales International, Dubai, agreed to and got credit facility by way of Foreign Letters of Credit Nos. 4069-p, 4070-p and 4084-p, issued pro forma invoices of the said concern and addresses to PNB through Guru Nanak Industries and New Link Enterprises. Ranjit Marwa