pmw * 1 * wp959-11-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 959 OF 2011 IN MISC. APPLICATION NO.78 OF 2010 IN C.B.I. SPECIAL CASE NO.79 OF 2005 Omprakash Dhannalal Agarwal ..... Petitioner (Orig. Accused No.8) V/s. C.B.I. BS & FC, Mumbai & Anr. ..... Respondents (Orig. Complainant) Mr. E.R. Naik, Advocate for the Petitioner. Mr. D.N. Salvi, Advocate for Respondent No.2. Ms. A.T. Jhaveri, APP. CORAM :- Smt. R.P. SondurBaldota, J. 1st December, 2011. P.C. :- 1. This petition filed under Article 226 and 227 of the Constitution of India and u/s. 482 Cr.P.C. seeks quashing of CBI Special Case No.79 of 2010. The petitioner is arrayed as accused No.8 in the case. Proceedings are sought to be quashed on two grounds. Firstly that the original complainant i.e. Oriental Bank of Commerce has already been paid entire dues by other four accused. And secondly, that there is no material on record in support of the allegation against the Petitioner. pmw * 2 * wp959-11-10 2. CBI Special Case No.79/2005 has been filed against the petitioner and 7 other persons for the offences punishable u/s. 120(b) r/w. 409, 420, 467, 468 and 471 of IPC and Section 13(2) r/w. 13(1) (c) and (d) of Prevention of Corruption Act, 1988. Perusal of charge sheet shows that there are specific allegations against the petitioner herein who was one of the directors of M/s. Hike Finance Ltd. of having used forged documents for securing loan from the Bank. Therefore, it cannot be said that there is no material on record to connect the petitioner to the offence alleged. As regards the contention of payment of the entire dues to the Bank, the same can be of no consequence as the payment cannot absolve the petitioner of criminal liability. Besides the dispute in the proceedings is not of personal nature. Hence the petition is dismissed. [Smt. R.P. SondurBaldota, J.]