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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.2400 OF 2008

WITH

CRIMINAL WRIT PETITION NO.2401 OF 2008

WITH

CRIMINAL WRIT PETITION NO.2402 OF 2008

WITH

CRIMINAL WRIT PETITION NO.2403 OF 2008

WITH

CRIMINAL REVISION APPLICATION NO.131 OF 2007

Sridhar Subasri

..Petitioner (in all the

writ petitions)

versus

CBI (BS & FC Mumbai) and another

..Respondents (in all the

writ petitions)

WITH

CRIMINAL REVISION APPLICATION NO.131 OF 2007

Central Bureau of Investigation

..Appellant

versus

Shri.Ramesh Gelli and others.

..Respondents

R.M.Tiwari for petitioner in Cri.writ petitions.

Raja Thakare for CBI (respondent no.1 - in the writ petitions and for the

applicant in Cri.Revision Application)

S.R.Borulkar, Public Prosecutor for the State.

A.H.H.Ponda along with Apoorv V. Singh for respondent no.1 in Criminal

Revision Application No.131 of 2007.

CORAM : A.S.OKA, J.

DATE : 13th July 2009

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JUDGEMENT :-

1.

The submissions of the learned counsel appearing for the parties

were heard on the earlier date and the judgment was reserved. With a

view to appreciate the submissions made by the learned counsel for the

parties, it will be necessary to refer to the facts of the case in brief.

2.

Criminal Revision Application No.131 of 2007 has been filed by

Central Bureau of Investigation (CBI) for taking an exception to the order

dated 5th February 2007 passed by the learned Special Judge under the

Prevention of Corruption Act, 1988 (hereinafter referred to as "the said Act

of 1988"). The CBI had filed charge sheet alleging various offences

against the respondents in the said criminal revision application. It must

be stated here that the investigation was commenced on the basis of a

written complaint lodged by the Chief Intelligence Officer of Oriental Bank

of Commerce. It must be also stated here that the complaint filed by the

Chief Intelligence Officer relates to the transactions of the year 1994. The

transactions relate to the Global Trust Bank Limited which was a banking

corporation under the Banking Regulation Act, 1949. It was a banking

company registered under the Companies Act, 1956. It appears that on

14th August, 2004 there was amalgamation of the Global Trust Bank

Limited (hereinafter referred to as "the said bank") with the Oriental Bank

of Commerce which is a public sector bank. The allegations in the

complaint were against the officers of the said bank as well as other

private persons. The accused nos.1 and 2 were the officers of the said

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bank. Charge sheet was filed by the CBI against them for the Indian

Penal Code (IPC) offences as well as offences under section 13(2) read

with section 13(1)(d) of the said Act of 1988. When the charge sheet

came up before the Special Judge, by order dated 5th February 2007, the

learned Special Judge declined to take cognizance of the offences under

the said Act of 1988 as against accused nos.1 and 2, on the ground that

the officers of the said bank were not public servants within the meaning

of said Act of 1988. Rule was issued in this criminal revision application.

There are three writ petitions being Criminal Writ Petition Nos.2400/2009,

2401/2009 and 2402/2009 which are tagged along with the said criminal

revision application. The said petitions have been filed by the same

petitioner who was one of the Directors of the said bank. A charge sheet

was filed against the petitioner before the learned Special Judge under

the said Act of 1988 by the CBI.. In the charge sheet the petitioner was

charged with IPC offences as well as offences under section 13(2) read

with section 13(1)(d) of the said Act of 1988. The charges against the

petitioner admittedly relate to the transactions effected prior to the date on

which the said bank amalgamated with Oriental Bank of Commerce. The

prayer in these petitions is for quashing the order of learned Special

Judge of taking co