2026:CGHC:7484-DB MANPREET KAUR Digitally signed NAFR by MANPREET KAUR Date: 2026.02.11 18:06:12 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 446 of 2026 Siddharth Chintaman Mandavkar S/o Late Shri Chintaman Mandavkar Aged About 65 Years R/o 68/b, Maitri Vihar Supela Bhilai, District Durg, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Sho, Police Station- Berla, District-

Bemetara (C.G.), 491332

2 - S. Malik Branch Manager, About 55 Years Posted At Dena Bank, Berla District- Bemetara (C.G.), 491332 ... Respondent(s)

For Petitioner(s) : Mr. Ashish Shrivastava, Sr. Advocate along with Mr. Rahul Ambast, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A.

Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

11.02.2026

1. Heard Mr. Ashish Shrivastava, learned Senior Advocate along with Mr. Rahul Ambast, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate for respondent No.1 / State.

2. The petitioner has filed this petition with following prayer:

“It is, therefore, prayed that this Hon'ble Court may may kindly be pleased to quash and set aside the impugned order of framing of charges dated 19.01.2026 (Annexure P/1), order taking cognizance dated 01.12.2025 (Annexure P/2), chargesheet no. 63/2023 dated 07.03.2023 (Annexure P/3)(colly), and the entire criminal case no. 6679/2025 including consequential proceedings against the Petitioner for alleged commission of offence under section 420, 409 and 34 of the Indian Penal Code, 1860, pending before Ld. Judicial Magistrate First Class, Bemetara (C.G.).”

3. The prosecution case, in substance, is that during the period when the petitioner Siddharth Chintaman Mandavkar was posted as Branch Manager, Bank of Baroda (then Dena Bank), Berla Branch, District Bemetara, he in furtherance of common intention with co-accused Raj Kishore Behera (borrower and Power of Attorney holder), Praveer Kumar Chakravorty (supplier of Poly- House structures under the name M/s Agrotech Solutions) and Smt. Vandana Chakravorty, entered into a criminal conspiracy to cheat the Bank by sanctioning and disbursing a term loan of Rs.73.80 lakhs for establishment of a Naturally Ventilated Poly- House Unit over land bearing Khasra No. 1043/3 at Village Aheri, Tehsil Dhamdha, District Durg. The loan was processed on the basis of allegedly false and misleading project documents and valuation report, and an initial sum of Rs.30.00 lakhs was disbursed on 27.03.2017 through RTGS in favour of M/s Agrotech Solutions. Prior to sanction the petitioner allegedly demanded and accepted Rs.30,000/- in cash from the borrower as illegal gratification for ensuring loan approval. Although vendor receipts were generated showing receipt of substantial cash advances for construction, no Poly-House unit was ever erected at the project site, and upon physical verification conducted on 12.07.2018 the land was found vacant. Out of the disbursed amount Rs.5.00 lakhs was transferred back from the supplier’s account to the borrower and was not duly disclosed to the Bank, and only Rs.4.00 lakhs was later deposited towards the loan account. The loan account was consequently classified as fraudulent and reported to the Reserve Bank of India and that by such acts the accused persons allegedly misappropriated approximately Rs.21.00 lakhs of Bank funds, thereby causing wrongful loss to the Bank and corresponding wrongful gain to themselves, attracting offences under Sections 420, 409 and 34 of the Indian Penal Code.

4. Learned counsel for the petitioner submits that the impugned

prosecution is wholly misconceived and unsustainable in law,

inasmuch as the essential ingredients of Sections 420 and 409

IPC are conspicuously absent. For an offence under Section 420

IPC, it is mandatory to establish deception, dishonest inducement

and fraudulent intention at the very inception of the transaction, whe