1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.3816 OF 2010 Bankeylal Shridhar Chaturvedi ...Applicant. v/s. CBI Anti Corruption Branch ...Respondents. Mr. Amit Sheth , adv. For the Applicant. Mr. Sandeep K. Shirde, adv. For the Respondent No.1/CBI. Mr. D.R.More, APP for the R.No.2/State. Shri R.J.Shing, adv. For the R.No.3. CORAM : J.H. BHATIA, J. DATED : MARCH 7, 2011. P.C. 1 Applicant, who is accused in Criminal Special Case No.45 of 2001 filed by the CBI before the Special Judge (CBI) seeks an order to quash the said proceeding on the principle of parity, in view of the fact that the case against some of the accused has been quashed by this Court by different orders passed from time to time. 2 M/s Sunain Trading Private Ltd and M/s Chitij Trading Private Ltd. are the two companies registered under the Companies Act. These companies had their accounts with the Central Bank of India, Vile Parle Branch, Mumbai and they had applied for letters of credit 2 facilities. M/s Sunain Trading Private Ltd. was granted Letters of Credits for an amount of Rs.25,12,500/- and Rs.15,31,875/-. Similarly, Letter of Credit was also issued in favour of M/s. Chitij Trading Private Ltd. for an amount of Rs.30,23,437/-. Both the companies had given collateral securities to the Central Bank of India. The Central Bank of India for certain reasons had handed over the investigation of these facilities to C.B.I. and thereafter F.I.R. came to be registered on 5.5.93 for the offences punishable under Sections 420, 120-B I.P.C. and under Section 13(2) with section 13(1)(d) of the Prevention of Corruption Act against some officers of the CBI and some of the directors of the said two companies. Present applicant, who was director of Satyam Sales Private Ltd. had allegedly raised false/fake invoices on Sunain Trading Pvt. Ltd. and, therefore, he was also made an accused. 3 Earlier the present applicant had filed Criminal application no.3509 of 2008 before this Court seeking to quash the said proceeding against him. That application was disposed off by this Court by an order dated 11th November, 2008 giving liberty to the applicant to move Sessions Judge for discharge. It appears that discharge application was rejected. 4 Meanwhile another accused Narayan Mohan Chaturvedi 3 filed Criminal Application No.5264 of 2004 for quashing the proceedings mainly on the ground that claim of the bank was completely satisfied and nothing was remaining and, therefore, there was no reason to continue the criminal case. By an order dated 22nd December, 2006, that application was allowed and the proceedings as against said applicant Narayan Mohan Chaturvedi came to be quashed. Following that order, for the same reasons, Criminal Application No.543 of 2007 filed by another accused Dinesh Vithal Chaturvedi was also allowed and proceedings against him were quashed. It is also pointed out that some other accused also moved similar applications and their applications were also allowed following the order in the case of Narayan Chaturvedi. Therefore, the applicant has filed this application second time for the same relief. 5 On behalf of the Central Bank of India, affidavit was filed in Criminal Application No.5264 of 2004 wherein it was admitted that there was no outstanding against the said applicant and bank had also issued no outstanding certificate in favour of Sunain Trading Pvt. Ltd., Chitij Trading Pvt. Ltd. and Vidani Engineering Ltd. Thus, it is clear that all the claims of the Central bank of India were fully satisfied and it was noted in the order in Criminal Application No.5264 of 2004 that the parties had 4 amicably settled the matter in the suit filed by the bank in the year 1993. In view of the facts and circumstances in the interest of justice and on the principle of parity, the present application also deserves to be allowed. 6 Therefore, application is allowed. The proceeding against the applicant stands quashed. (J.H. BHATIA,J.)