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2024 Supreme(SC) 772

PRASHANT KUMAR MISHRA, PRASANNA BHALACHANDRA VARALE
Raghuveer Sharan – Appellant
Versus
District Sahakari Krishi Gramin Vikas Bank – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Kajal Sharma, AOR Mr. Rajiv Bakshi, Adv.
For the Respondent(s): Mr. Saurabh Mishra, Sr. Adv. Mr. Abhinav Shrivastava, AOR Mr. Shivang Rawat, Adv. Ms. Amrita Kumari, Adv. Mr. Sarvam Ritam Khare, AOR Mr. Anuj Agarwal, Adv.

JUDGMENT :

Prashant Kumar Mishra, J.

CRIMINAL APPEAL NO(s). 2764 OF 2024

1. The appellant seeks to challenge the judgment and order dated 09.11.2023 passed by the High Court of Madhya Pradesh in Criminal Revision No. 1925 of 2023 whereby the High Court has dismissed the appellant’s revision application affirming the order passed by the Special Court MP/MLA) Gwalior on 17.04.2023 in exercise of power under Section 319 of the Code of Criminal Procedure, 19731[‘Cr.P.C.’] to summon the appellant as an accused.

2. The facts of the case, briefly stated, are that in the year 1998, one Rajendra Bharti was the President of the complainant/respondent no. 12[‘respondent bank’] which is now under liquidation. At the relevant time, accused Savitri Shyam (since deceased), (mother of the accused Rajendra Bharti), moved an application on 24.08.1998 for creating a Fixed Deposit of Rs. 10,00,000/- for a period of 3 years with the respondent bank, in her capacity as the President of Shyam Sunder Shyam Sansthan, Datia, Madhya Pradesh. The amount was deposited with the respondent bank vide 2 separate deposits of Rs. 8.5 Lakhs and Rs. 1.5 Lakhs respectively. However, subsequently, these challans were inte

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