1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN. APPLICATION NO. 04 OF 2010 Bharat Hasmukhlal Shah. ... Applicant. V/s. The State of Maharashtra & Anr. ... Respondents. Mr. F.B. Dixit i/b. P.R. Yadav for the Applicant. Mr. Mandar Goswami with Yogesh Nakhwa for CBI. Ms. A.T. Jhaveri, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 28th JANUARY 2010. P.C. :- The Applicant is the Original Accused No.2. The learned Special Judge exercising powers under the Prevention of Corruption Act, so also taking cognizance of the offences alleged to have been committed by public servant and the private parties/persons, refused to discharge the Applicant/Original Accused No.2 from C.B.I. Special Case No. 70 of 1995. 2. It is urged on behalf of the Applicant that the allegations against him taken as a whole are that on account of certain civil transactions/liability, the Applicant is arrayed as an Accused in the Special Case. As far as he is concerned, the entire liability arises out of a Civil and Commercial transaction. The only charge against the Applicant is that he is guilty under Section 120B of I.P.C. However, all that has happened is on account of some accommodation given to a third party, the 2 Applicant could not arrange for repaying the monies borrowed from the Bank. However, the Applicant offered security. All this is in writing and to the knowledge of the Bank Officers and the prosecution. This is not a case where from inception the Applicant had no desire to pay and use the monies/public funds by diverting them through several channels. This is a clear case where on account of some genuine reasons the Applicant could not repay the funds in time but he secured the dues of the Bank. My attention is invited to the correspondence in this behalf. For all these reasons, it is urged that even prima-facie, there is no case of cheating and hence, the Applicant deserves to be discharged from this case. 3. I have perused the Petition and the annexures thereto including the impugned order. The learned Judge has adverted to the settled principles which have to be applied at this stage. It is not as if the Court must consider all details of the version of the defence. The Court has to see whether any prima-facie case is made out for framing of charges. 4. The Court below has assigned cogent reasons while coming to the conclusion that there is a specific role attributed to the Applicant. He is the person who has applied for the Inland Letter of Credit facility. He was dealing in building material supply. This facility was sanctioned by Accused No.1. However, the Applicant had accommodated one M/s. Jigar Enterprises. The said M/s. Jigar Enterprises 3 discounted the bill but the Accused failed to retire the same by depositing the amount with the Bank. It has been very clearly alleged that the Applicant was all throughout and even at the earlier stages informed to retire the bills. He did not make repayment. However, that alone is not the prosecution case. The prosecution case is also based upon the facts that Accused No.1 and the present Applicant together had a clear role in the transaction whereby they had no intention to genuinely pay or secure the dues of the Bank. The genuineness of the transaction itself is questioned. The accommodation by the Applicant of a third party has also been alleged to be something in which all the Accused have conspired together. Therefore, there is a prima-facie intention right from the inception to use the funds and to deprive the Bank of the dues under the said facility. It is in such circumstances that the Court concluded that it is not a case where the prosecution has failed to produce any material at this prima-facie stage. 5. Once this is the conclusion based on the materials produced and there being no perversity committed by the Trial Court, so also its order not resulting in serious miscarriage of justice, then, in Revisional Jurisdiction, this Court need not interfere with the impugned order. Consequently, the Revision Application fails and it is dismissed. (S.C. DHARMADHIKARI,J.)