SURESH KAIT
Kashibatla Ramakrishna – Appellant
Versus
CBI – Respondent
SURESH KAIT, J
1. Vide the instant petition the petitioner has sought to quash the criminal case FIR no. RCA/BDI/2001 (E)/2005/CBI/BS registered for the offences punishable under Section 120B read with Section 409/420 Indian Penal Code, 1860 and Sections 13(2) and 13(1) (d) of the Prevention of Corruption Act, 1988 pending before the Additional Sessions Judge, Delhi, against the petitioner.
2. It is submitted by ld. Counsel for the petitioner, that whole thrust of allegation against the petitioner in the charge sheet is regarding his act as a Zonal Manager of the Bank, and by making recommendation for enhancement of Working Capital Limits of the company (A-4) and permitting the then Branch Manager, United Bank of India, Janpath Branch, New Delhi to purchase and discount the Foreign Export Bills of the Company (A-4) on DA basis.
3. It is further submitted that the allegations against the petitioner in the charge sheet are that petitioner dishonestly and deceitfully acted upon, but has completely failed to take into account the fact that the petitioner, who at that point of time was posted as Zonal Manager, of the New Delhi Zone of the Bank, recommended for enhancement cre
1. Duncan’s Agro Case 1996 5 SCC 591
3. Indian Oil Corporation’s case [2006 (6) SCC 736]
5. P.S. Rajya Vs. State of Bihar (1996) 9 SCC (1)
6. M. Mohan vs. State (2011) 3 SCC 626
7. R.P. Kapur v. State of Punjab AIR 1960 SC 866
8. State of Karnataka v. L. Muniswamy and Ors. (1977) 2 SCC 699
9. Madhavrao Jiwajirao Scindia and Ors. v. Sambhajirao Chandrojirao Angre and Ors. (1988) 1 SCC 692
10. State of A.P. v. Golconda Linga Swamy and Anr. (2004) 6 SCC 522
11. Zandu Pharmaceutical Works Ltd. and Ors. v. Mohd. Sharaful Haque and Anr. (2005) 1 SCC 122
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