* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 24^th January, 2025 + CRL.REV.P. 272/2023 G. BALASUBRAMANIAN .....Petitioner Through: Mr. Anil Sethi & Mr. Samarth Rai Sethi, Advocates.

versus C.B.I. .....Respondent Through: Mr. Anupam S. Sharma, SPP (CBI)

with Mr. Prakarsh Airan & Mr.

Harpreet Kalsi, Advocates.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [earlier Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter as the “Code”)] has been filed on behalf of the petitioner seeking the following reliefs:

“(i) set-aside the impugned order dated 03.12.2022 passed by the Court of Shri Prashant Kumar, Special Judge (PC Act) (CBI)- 07, Rouse Avenue Courts, New Delhi, passed in case bearing No. RC/DST/2017/A/0018/STF/CBI/ New Delhi, dated 21.06.2017, titled as C.B.I. Versus Devender Kumar Jain and Others, vide which the Ld. Trial Court has been pleased to pass Signature Not Verified Digitally Signed By:PRAVEENCRL.REV.P. 272/2023 Page 1 of 18 order for framing of charge against the petitioner and formal charge U/S 120-B IPC r/w 420, 471 of IPC and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and separate charge U/S 13(2) r/w 13(1) (d) of Prevention Of Corruption Act, 1988, has been framed.

(ii) Pass such other or further order/orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The brief facts of the case are that M/s Jayna Traders, a proprietorship firm of one Mr. Davinder Kumar Jain, was sanctioned a loan of Rs. 3 Crores under the Corp Vyapar Loan OD Scheme launched by the Corporation Bank, Vasant Vihar Branch, New Delhi (hereinafter as the “Bank”).

3. An FIR/RC bearing no. RC/DST/2017/A/0018/STF/CBI/New Delhi dated 21^st June, 2017 was registered by the respondent against one Mr. Davinder Kumar Jain, proprietor of M/s Jayna Traders, on the basis of a complaint dated 1^st June, 2017 filed by the Deputy General Manager, Corporation Bank, Zonal Office, Delhi (South), wherein it was alleged that the Bank processed the aforesaid loan without proper verification of loan documents and property evaluation, thereby dishonestly stating that the due diligence was satisfactory

4. The allegation against the petitioner herein, who was working as an Assistant General Manager, Zonal Officer, Corporation Bank, Delhi (South) and a member of ZLCC, is that he abused his official position of being a public servant for a pecuniary advantage by sanctioning a loan of Rs. 3 Crores to M/s Jayna Traders on the basis of false and forged documents, Signature Not Verified Digitally Signed By:PRAVEENCRL.REV.P. 272/2023 Page 2 of 18 thereby violating the guidelines of the Bank.

5. Thereafter, chargesheet dated 29^th March, 2019, under Section 173 of the Code, was filed by the respondent, wherein, the charges under Section 120B read with Sections 420/468/471 of the Indian Penal Code, 1860 (hereinafter as the “IPC”) and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter as the “PC Act”) were leveled against the petitioner.

6. Subsequently, the learned Special Judge (PC Act) (CBI)-07, Rouse Avenue Courts, New Delhi (hereinafter as the “Trial Court”) passed an order of charge dated 3^rd December, 2022 (hereinafter as the “impugned order”) against the petitioner, thereby, framing formal charge against the petitioner under Section 120-B read with Section 420/471 of the IPC and Section 13(2) read with Section 13(1)(d) of the PC Act along with a separate charge under Section 13(2) read with Section 13(1)(d) of the PC Act.

7. Aggrieved by the aforesaid order of charge, the petitioner has filed the instant revision petition seeking setting aside of the same.

8. Learned counsel appearing on behalf of the petitioner submitted that the impugned order was passed without taking into consideration th