Bhadresh J. Mehta vs Central Bureau of Investigation and Others

S.R. Brahmbhatt, J.—Heard learned advocates for the parties. At the request of learned advocates for the parties, the matter is taken up for final disposal. Hence, Rule. Shri Thakkar, learned advocate waives service of notice of Rule on behalf of respondent no. 2 and Shri Ravani, learned advocate waives service of notice of rule on behalf of respondent no. 1. The petitioner, who has been named as accused no. 7 in the police report called chargesheet dated 26.10.2009 along with other accused in respect of First Information Report bearing No. 15(A)/02-GNR dated 4.7.2002 in CBI Case No. 23 of 2004 for the offences punishable under Sections 420, 468, 471 read with Section 120(B) of the Indian Penal Code and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 has approached this Court invoking Section 482 of the Code of Criminal Procedure for quashment of the said proceedings on the ground that the petitioner was roped in as he was holding the post of Director without their being any active role attributed to him for the alleged offences and hence, the said proceedings qua him be quashed and set aside.

Facts in brief, leading to filing this petition, deserve to be set out as under:

The petitioner is a Solicitor and an Advocate by profession. The petitioner is in the field as a Practicing Solicitor and Advocate since last more than 40 years in his capacity as a Partner of a firm of solicitors and advocates in Ahmedabad, in the name and style of "H. Desai and Company". On or about 4th July, 2004, on the basis of a complaint filed by one Mr. S.C. Gupta, General Manager, NSIC Limited, Ahmedabad, respondent no. 2 alleging commission of offences on the part of one Patson Pharma Limited and the Directors thereof under Sections 420, 468, 471 read with Section 120B of the Indian Penal Code, the CBI, Gandhinagar referred a First Information Report bearing No. 15(A)/02-GNR and, thereupon, commences an investigation in respect of the same.

Subsequent to the aforesaid, upon completion of the investigation in respect of the aforesaid complaint, the concerned Investigating Officer of CBI filed a chargesheet before the Court of City Sessions and Special Judge, 4th Court at Ahmedabad, in the concerned case, which was registered as Special CBI Case No. 23 of 2004 on the file of the City Sessions and Special Judge, (4th Court) at Ahmedabad.

Learned advocate for the petitioner has invited this Court''s attention to the police report i.e. Chargesheet, which contains only the following so far as the present petitioner is concerned, which is required to be quoted as under:

Investigation revealed that only few Directors/authorized Signatory of said applicant and supplier units had signed various letters and invoices and submitted the same to NSIC, Ahmedabad and availed/Financial Assistance under BD/RMA Scheme as explained supra. However, being Company, all the Directors of applicant units and supplier units as mentioned above are equally responsible for commission and omissions for non-payment of outstanding dues.

Apart therefrom, there exists no other role attributed to present petitioner.

In cognate proceedings of the same prosecution in the subject matter of provisions of Section 138 of the Negotiable Instrument Act and quashment was accepted and the ground for the same is that the present petitioner was nominal Director and has not played any role.

This contention could not be controverted by either side i.e. the advocate of the complainant Shri Thakkar and Shri Ravani, learned advocate appearing for the respondent no. 1.

The Court is of the considered view that the entire chargesheet when it is silent qua the role of the petitioner and the role which is articulately applicable is not capable of counting to the ingredients of the offences alleged, then, permitting the prosecution to go on would amount to creating unnecessary consternation to the party. The proceedings, therefore, are required to be quashed in the interest of justice and they are quashed. In view of this First Information Report bearing No. 15(A)/02-GNR dated 4.7.2002 in CBI Case No. 23 of 2004 is hereby quashed and the subsequent proceedings arising therefrom are hereby quashed qua present petitioner only. Rule is made absolute to the aforesaid extent. These observations are specifically qua present petitioner alone and it cannot be construed in any manner by any other agency or court to be of any avail to any other accused.