- 1 - 4203 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4203 OF 2010 Dharamdas Shyamlal Chaturvedi.. Applicant vs 1. CBI Anti Corruption Branch, Mumbai 2. The State of Maharashtra 3. Central Bank of India, Mumbai. Respondents Mr .Amit Sheth for Applicant Mr.Mandar Goswami for Respondent no.1 CBI Mrs R.V.Newton APP for State CORAM: K.U.CHANDIWAL, J DATE: 5th September, 2011 P.C. 1. Heard learned counsel for the parties. 2. The Petitioner was an employee of Sunain Trading Pvt.Ltd and M/s Chitij Trading Pvt Ltd. This is more so illustrated even in FIR of the Respondent-Chitij. The record illustrates that the principal accused have paid the amount payable to the Central Bank of India, Vile Parle (E) Branch,Mumbai. By an order dated 22.12.2006 - 2 - 4203 Narayan Mohan Chaturvedi one of the borrower was discharged in the said proceedings. Thereafter, Thakurji Ramanlal Chaturvedi (Orig.Accused no. 11) was discharged in Criminal Application No. 2070 of 2010 by an order dated 18.3.2010. M/s Sunain Trading Pvt Ltd and another were also discharged in Criminal Application No.2016 of 2009 by an order dated 18.3.2010. 3. In view of the orders challenged by the Respondents-CBI before the Supreme court which did not yield any result either in staying the orders or setting aside the same. Fact remains that the order are in force. The learned counsel for the Applicant has placed copy of order in Criminal Application No.3816 of 2010 in the matter of Bankelal Shridhar Chaturvedi vs. CBI Anti Corruption Branch dated 7.3.2011. The learned Single Judge accepting the position allowed the said Application. 4. Reading the papers, it is apparent that M/s - 3 - 4203 Sunain Trading Pvt.Ltd was granted letters of credit by Central Bank of India. It was also granted in favour of M/s Chitij Trading Pvt.Ltd. They had offered collateral securities to the Central Bank of India. Investigation carried out by the CBI illustrates that there was an element of cheating and conspiracy. Some bank officials were allegedly involved in the network. Reading the papers, it appears that the Accused-Applicant is an employee of the above referred two firms and had no personal gains nor he has primarily deceived Central Bank of India by preparing forged or fabricated documents. It does not emerge that he has conspired to cheat the bank. It is informed and undisputed that principal borrower has paid the entire liability to the Central Bank of India. 5. The over all effect, is that there is no material to frame charge against the Accused- Applicant an employee in Criminal Special Case No.45 of 2001. Accordingly, Application allowed. - 4 - 4203 The Accused-Applicant is discharged from prosecution. K.U.Chandiwal, J