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JOYMALYA BAGCHI
Mahesh Agarwalla – Appellant
Versus
Assistant Director, Directorate of Enforcement (E. D. ), Government of India – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Sekhar Basu, Senior Advocate Mr. Joy Segupta, Mr. V. Tibrewal and Ms. S. Roy, Advocates
For the C.B.I.:Mr. Asraf Ali and Mr. Sankar Banerjee, Advocate
For the E.D.:Mr. Ranjan Roy, Advocate

JUDGMENT

Joymalya Bagchi, J.—C.R.R.No.1254 of 2017

1. Order dated 28.4.2016 passed by the learned Judge, CBI Special Court, Asansol, Burdwan in Special Case No. 39/2011 rejecting the prayer for discharge of the petitioner has been assailed.

2. Petitioner has been arrayed as an accused person along with others in the instant prosecution on the allegation that as a chartered accountant he had been employed by co-accused Iltush Ahammed, his wife Smt. Taijunnehar Bibi, brother Sri Noor Jamal and brother-in-law Sri Aynal Hoque to prepare projected financial statements in collusion with Sri Atanu Kumar Mitra, senior manager of Indian Overseas Bank, Berhampore Branch for obtaining cash-credit facilities such as OCC, term loans etc. from the said branch on the strength of fraud and fabricated documents. It has also been alleged that such loans were advanced to the firms of the aforesaid accused persons by the said manager in violation of the procedure laid down by the bank and in excess of his lending powers causing wrongful loss to the tune of Rs. 5.24 crores. It appears that Atanu Kr. Mitra, senior manager Indian Overseas Bank posted at Berhampore Branch during the period 13.6.2005 to 16

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