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2008 Supreme(Bom) 1602

A.P.LAVANDE
KRISHNANA TH GOPAL MATODKAR – Appellant
Versus
STATE – Respondent


Advocates appeared:
For petitioner:S. G. Dessai, Senior Advocate with S. Kalshavkar For respondent: C. A. Ferreira, Public Prosecutor

JUDGMENT :-

Heard Mr. S. G. Dessai, learned Senior Counsel for the petitioner and Mr. C. A. Ferreira, learned Public Prosecutor for the respondent.

Rule. By consent heard forthwith.

2. By this revision, the petitioner/accused No.4 in Special Case No. 2/2007 takes exception to the order dated 11-7-2008 passed by the Special Judge, North Goa, Panaji, by which the Special Judge has directed framing of charge against the petitioner for offences under section 120-B read with 420, 477-A of the Indian Penal Code and section 13(2) read with 13(1)( d) of the Prevention of Corruption Act 1988.

3. The petitioner along with four other accused namely, Vilas Vasudev Kunkolienkar, Peter Vincent Pereira, Mrs. Viyashree V. Kunkolienkar and Romeo J. Pereira have been charge-sheeted by the respondent for the above referred offences.

4. Briefly, the prosecution case is that the petitioner entered into criminal conspiracy along with accused Nos. 1,2,3, and 5 and withdrew cash from Savings Bank Account No. 3008 of accused Nos. 2 and 5 and thus cheated Dena Bank, Arpora. It is the case of the prosecution that accused No. 1Nilas Kunkolienkar acting as the Manager of Dena Bank granted loans to his own wife acc









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