Shiv Narayan Dhingra, J.

By the present petition, the petitioner has assailed an order dated 12th August, 2008 passed by learned Special Judge, CBI, whereby the learned Special Judge framed charges against the petitioner company charging the company u/s 420, 468, 471 IPC read with Section 120-B IPC. The only contention raised by the petitioner before this Court is that a company being a juristic person cannot have mens rea necessary for committing offence of criminal conspiracy as required u/s 120-B IPC. It was contended that criminal conspiracy was a personal act and company being a non living person and only a juristic person cannot have the requisite mens rea. Reliance was placed by the petitioner on Kalpnath Rai v. State AIR 1998 SC 201 and Standard Chartered Bank and Others etc. Vs. Directorate of Enforcement and Others etc. (2005) 4 SCC 530, and other similar cases.

2. This issue was raised before the Trial Court as well and the Trial Court has dealt with this issue at length. In the present case it would be relevant to note that initially the banker of this company was Indian Bank and this company was enjoying various facilities and limits there. The Indian Bank refu