1 WP : 2399/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2399 OF 2010 Shri K. Jayprakash Shetty .... Petitioner. Vs. Central Bureau of Investigation .... Respondents & Ors. Shakuntala Wadekar, Advocate for petitioner. Mr. S.K. Shinde, Advocate for CBI. Mr. Rajesh More, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 12th January, 2011 P.C. 1. This petition is filed for quashing of Special Case No.77 of 2000 pending in the Court of Special Judge, Greater Mumbai against the petitioner herein as accused no.1 and two more persons as accused nos. 2 and 3. On 30th June 2010, charges against the accused petitioner and the other two accused were framed under Section 120-B r/w 409, 411 Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1996. The prosecution case stated in brief is that, during the period 1995 to 1996, accused no. 1, who was working as Branch Incharge of Vijaya Bank, Mandvi Branch, Mumbai entered into a criminal conspiracy with accused no.2 and opened two current accounts in the names of M/s J.B. Traders and J.C. Enterprises showing accused no.3 as the proprietor thereof. Both these accounts had been 2 WP : 2399/2010 introduced by one K.C. Dand as employee of accused no.2. In pursuance of the conspiracy, the applicant allowed utilisation of the funds of the bank from both these accounts to accused no.3 against the cheques sent in clearing against the guidelines of the bank. For that purpose, the applicant had issued necessary authorisation by signing the “cheque referred register” in the branch. In furtherance of the conspiracy between on 17th May 1996 and 18th May 1996, total number of 20 cheques of the sum of Rs.1,35,22,500/- were deposited in the current account no.2854 of M/s J.B. Traders and on the same date 18 cheques for total sum of Rs.1,18,76,000/- were deposited in the current account No.2855 of M/s J.C. Enterprises. These cheques were sent in clearing on 18th May 1996 and 20th May 1996 respectively. Thus, accused no. 1, despite there being no sufficient balance in both the accounts had authorised passing of all the cheques received in clearing in these accounts by signing against related entries in “cheque referred register” of the branch. It has now been contended that subsequently there has been settlement of the dispute between M/s Goodearth Industrial Ltd., M/s Goodearth Synthetics Ltd. and M/s Goodearth Polyester Ltd., of which accused no.2 is the director and the bank in respect of the amounts due to the bank. It appears that the minutes of the consent decree were filed in Recovery Proceedings No.198 of 2002 filed by the bank against the three companies and accordingly consent decree has been passed. The petitioners seek quashing of the proceedings on that ground. Bringing back the amount which is alleged 3 WP : 2399/2010 to have been misappropriated to the bank, does not absolve the criminal liability of the applicants and the proceedings cannot be quashed on that ground. Hence, the petition is dismissed. (Smt. R.P.SondurBaldota, J)