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2011 Supreme(SC) 489

D.K.JAIN, H.L.DATTU
Sushil Suri – Appellant
Versus
C. B. I. – Respondent


JUDGMENT

D.K. Jain, J. —

1. Leave granted.

2. This appeal, by special leave, is directed against judgment dated 21st May 2009 delivered by the High Court of Delhi in Criminal Misc. Case No.3842 of 2008, in a petition filed by the appellant herein under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”). By the impugned judgment, a learned Single Judge of the High Court has declined to quash the Chargesheet filed against the appellant and other directors of a Company, namely, M/s Morpen Laboratories Ltd. (for short “the Company”) for offences punishable under Sections 120B, 420, 409, 468 and 471 of the Indian Penal Code, 1860 (for short “the IPC”).

3. Briefly stated, the facts, material for adjudication of the issue, arising in this appeal, are as follows:

A source information was received by the Central Bureau of Investigation (for short “the CBI”) that in the year 1999 two Chartered Accountants, namely, Sanjay Malik and Bipin Kakkar, had dishonestly and fraudulently opened/caused to be opened several fictitious accounts in some banks in the names of certain concerns, with an intention and object to facilitate the diversion of bank finance availed by vario

































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