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2012 Supreme(Del) 3060

SURESH KAIT
Bijwasan Agro – Appellant
Versus
CBI – Respondent


Advocates:
For the Petitioners:Mr. Dinesh Mathur, Sr. Adv. with Mr. Sishir Mathur, Advocate.
For the CBI : Ms. Sonia Mathur, Standing Counsel.

JUDGMENT :

Suresh Kait, J.

1. Vide the instant petition, petitioner has assailed the order on charge and framing of charge dated 23.07.2010 passed by ld. Additional Chief Metropolitan Magistrate-3 Delhi as under:-

“Order on charge.

Heard on charge. File perused prima facie record shows that the case for the offences, punishable u/s 471/420/511/IPC is made out against Kumar Sahay Verma & M/s. Bijwasan Agrao (P) Ltd. and a case for commission of offence punishable u/s 467 IPC is made out against accused Dilbagh Singh Kanwar and a case of commission of offence punishable u/s 120B IPC r/w Section 467/471/420 r/w 511 IPC is made against all the accused persons. Accordingly, charge for the said offences framed against the accused persons separately. The accusation has been read over and explained to them to which they pleaded not guilty and claimed trial.

Framing of Charge.

That in the year 1994-95 at Delhi, all of you in furtherance of criminal conspiracy with one another agreed to prepare a false/forged MOU to give additional rebates of various types of M/s. Bijwasam Agro Pvt. Ltd. by National Fertilizers Ltd.(NFL) so that M/s. Bijwasan Agro Pvt. Ltd. could adjust its outstanding amount of
































































































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