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2015 Supreme(Del) 180

VED PRAKASH VAISH
A. Kumar Sharma – Appellant
Versus
CBI – Respondent


Advocates Appeared:
For the Petitioner:J.P. Sengh, Senior Advocate with Raaj Malhotra Advocate.
For the Respondent:Narender Mann, Spl. P.P. with Manoj Pant, Advocate.

JUDGMENT

VED PRAKASH VAISH, J.

1. By the present petition the petitioner seeks quashing of the charge sheet arising out of FIR No. RC-DAI-2003-A-0050 under section 120-B/420/467/468/471 of the Indian Penal Code (hereinafter referred to as IPC) pending before Special Judge, CBI, Patiala House Courts, New Delhi and the proceedings emanating therefrom.

2. The brief case of the prosecution is that on 01.09.1997, one Mr. Des Raj Manchanda (since deceased) and his son Mr. Vijay Kumar Manchanda (accused No. 1 in the charge sheet) applied for cash credit limit of Rs. 100 lakhs (Rupees One hundred lakhs) in the Central Bank of India, Janpath Branch, New Delhi (hereinafter referred to as the complainant bank). The said application of accused No. 1 and his father was processed by Mr. Ravinder Kapoor (accused No. 2 in the charge sheet) and the cash credit facility was sanctioned by Mr. D.N. Upadhyay (accused No. 3 in the charge sheet) on 08.10.1997. Even though M/s. Raj Raxine Pvt. Ltd. (hereinafter referred to as the company) did not fulfill the terms and conditions stipulated by the sanctioning authority, yet accused No. 2 and 3 released the credit facilities in favour of the company. The cash



























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