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2008 Supreme(Guj) 271

ALTAMAS KABIR, MARKANDEY KATJU
Nikhil Merchant – Appellant
Versus
Central Bureau of Investigation – Respondent


Judgment

Altamas Kabir, J.—Leave granted.

2. Central Bureau of Investigation (hereinafter referred to as “CBI”) filed a charge-sheet against five accused persons under Section 120-B read with Sections 420, 467, 468, 471-A, Indian Penal Code read with Sections 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. In the said charge-sheet, the appellant herein was made accused No. 3 and the Company, in respect of which he was the former Managing Director, M/s. Neemuch Emballage Ltd., Mumbai, was made the accused No. 4. The other three accused are officials of the Andhra Bank.

3. The accused No. 4-Company was granted financial assistance by the Andhra Bank, Opera House Branch under various facilities. On account of default in repayment of the loans, the Bank filed a suit for recovery of the amount payable and in addition, on 19.12.1995, a complaint was made by the General Manager and the Chief Vigilance Officer of the Bank on the basis whereof investigations were undertaken by the CBI, which filed the above-mentioned charge-sheet in the Court of the Special Judge on 30.12.1998. The allegations u























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