Case Note & Summary
The applicant, original accused no.5, filed a criminal application under Section 482 Cr.P.C. challenging the order dated 13/08/2018 passed by the Special Judge, Sessions Court, rejecting his discharge application in Special Case No.94 of 2002. The case arises from FIR No. RC/05(E)/1999/BSFC/BLR registered on 31/12/1999 against 8 accused for offences under Section 120B read with 409 and 420 IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The allegations pertain to a conspiracy between bank officials (accused no.1-3) and partners of a partnership firm (accused no.4, 5, 7, 8) during 1997, whereby credit facilities were permitted to the firm despite expiry of earlier limits, and export proceeds were adjusted against outstanding Packing Credit Limit without proper authorization, causing loss to Vijaya Bank. The applicant argued that he was merely a sleeping partner and had no role in the day-to-day affairs, and that the charge-sheet did not disclose any specific overt act against him. The CBI opposed the application, contending that the charge-sheet material prima facie showed the applicant's involvement in the conspiracy. The court, after hearing both sides, held that at the stage of discharge, the court is not required to conduct a mini-trial or weigh evidence meticulously. The allegations in the charge-sheet, if accepted, prima facie disclose the commission of offences and the applicant's complicity. The court found that the applicant's role as a partner and his presence in meetings where the conspiracy was hatched could not be ruled out at this stage. Accordingly, the application was dismissed, and the Special Judge's order rejecting discharge was upheld.
Headnote
A) Criminal Procedure - Discharge - Prima Facie Case - Sections 227, 228 Cr.P.C. - The court examined whether the charge-sheet material disclosed sufficient grounds to proceed against the applicant-accused no.5 for offences under Section 120B read with 409 and 420 IPC and Section 13(2) read with 13(1)(d) of PC Act - Held that at the stage of framing of charge, the court is required to consider the broad probabilities of the case and not to weigh the evidence meticulously - The allegations in the charge-sheet prima facie indicate the involvement of the applicant in the conspiracy and misappropriation of bank funds - Discharge application rejected (Paras 1-3).
Issue of Consideration
Whether the applicant-accused no.5 is entitled to discharge from the offences alleged in Special Case No.94 of 2002.
Final Decision
The application is dismissed. The order dated 13/08/2018 passed by the Special Judge, Sessions Court rejecting the discharge application is upheld.
Law Points
- Discharge application
- Prima facie case
- Conspiracy
- Criminal breach of trust
- Cheating
- Prevention of Corruption Act
- Charge-sheet allegations
- Standard of proof at discharge stage
