ORDER :

ARUN MISHRA, J.

Leave granted.

2. Heard learned counsel for the parties.

3. The CBI has preferred the appeal aggrieved by the orders passed by the Additional Chief Metropolitan Magistrate discharging the accused persons for the offences registered under sections 120B,420,467,468, 471 of the Indian Penal Code 1860 (in short 'the IPC'). Revisional Court i.e. the Court of Additional Sessions Judge as well as the High Court have confirmed the order. Hence the appeal is before us.

4. The CBI investigated the case and filed a charge-sheet. The facts unfold that on 30.6.2004 a case was registered against Shri H.S. Ranka and Shri Sachin Ranka, Chairman and Managing Director of M/s. Modern Denim Ltd. for commission of the offences punishable under sections 120B, 420,467,468, 471 of the IPC. After the investigation, charge-sheet was filed against the respondents, in all 13 accused persons. The respondents-accused persons filed applications under section 239 of the Code of Criminal Procedure, 1973 (in short 'the Cr.P.C.') seeking discharge, mainly on the ground that M/s. Modern Denim Ltd.- Accused No.13 had since entered into One Time Settlement (in short 'the OTS') with the bank and the a