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2008 Supreme(Ori) 159

S.C.PARIJA
Prasanna Kumar Das – Appellant
Versus
Republic of India – Respondent


Advocates appeared
M/s. K. Patnaik, S. Pattnaik, P. B. Sinha and R. Samal, for Petitioner; M/s. S. K. Padhi (Sr. Advocate), for Respondent.

ORDER :- The petitioner, who is a practising advocate of Bhubaneswar Bar has filed this revision application under Section 401, Cr.P.C. challenging the order dated 13-10-2006 passed by the learned Special C.J.M. (CBI), Bhubaneswar, rejecting the petition filed under Sections 227 and 228, Cr.P.C. and directing framing of charge against the petitioner under Section 120-B read with Section 420, I.P.C.

2. The case of the prosecution, is that, accused No. 1-Manoj Kumar Ray set up a business to deal in Two-wheelers in the month of January, 1997 under the name and style M/s. Usha Auto mobiles. He opened a current account in Bank of India, SSI Branch, Bhubaneswar on 17-2-98. A couple of months thereafter he applied to the Bank for a Cash Credit Limit up to Rs. 8 lacs. The Bank while enquiring into his solvency and eligibility relied on the Valuation Report submitted by accused No. 3-Tara Prasad Dhal, an Architect and Proprietor of M/s. Design Group, Saheed Nagar, Bhubaneswar in respect of the landed property offered by the loanee as collateral security belonging to one of the guarantors i.e., Rahas Bihari Beura. A limit up to Rs. 8 lacs was sanctioned on 18-4-98 and the amount was released



































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