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2004 Supreme(Pat) 244

B.N.P.SINGH
R. Gopalkrishnan – Appellant
Versus
Union Of India Through Cbi – Respondent


Judgment

1. In these two petitions, petitioner assails his prosecution by the Central Bureau of Investigation (CBI) and also orders passed by the court below framing charges against him and seizure of cash of Rs. 50,000/-, wrist watch and also documents.

2. Broad accusations are that petitioner, during his posting as General Manager (Finance) in the establishment of Bharat Wagon & Engineering Co. Ltd., Patna (for short BWEL) issued a cheque on 28.4.1999 bearing no. 168174 of Rs. One crore payable to himself from account of BWEL and credited the same in his account no. 102577 of M/s Vijay Engineering at State Bank of Mysore, Kolkatta on 5.5.1999 and eventually withdrew the amount and converted the same for his own use causing wrongful loss of Rs. One Crore to the said public undertaking. These are the broad accusations attributed to the petitioner in Special Case No.8 of 2001 for which the petitioner preferred Cr. Misc. No. 29694 of 2003 for quashing of prosecution/ proceeding pending before the CBI Special Court, Patna. For restoration of seizure of Rs. 50,000/-, wrist watch and other document from his residence at Bangalore, petitioner has filed Cr. Misc. No. 29870 of 2003, on nega








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