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4. The allegations against the Petitioner and his colleagues and other accused persons are that they entered into a criminal conspiracy at Chennai and other places and that in pursuance of such criminal conspiracy, they, to cheat the Dena Bank, George Town branch and Aminjikarai Branch, Chennai, (1) availed a housing loan of Rs.23.93 lakhs, during 2004 for purported purchase of a house at Velachery, Chennai, by furnishing forged and fabricated documents from George Town Branch of Dena Bank, (2) got sanctioned a working loan to the tune of Rs.20 lakhs by way of cash credit and LC for Rs.5 lakhs in the name of M/s.Royal Imports (Proprietor Goutham Jain) during 2004, by making to appear that his uncle Mutha Bhawarlal (who had died on 12.8.1999) as one of the Applicant and guarantor, (3) availed a mortgage loan for Rs.9 lakhs in the name of Bhawari Devi and Goutham Jain http://www.judis.nic.in during 2005, by submitting forged and fabricated documents from Aminjikkarai Branch of Dena Bank, (4) got one more mortgage loan for Rs.7 lakhs, during 2005 in the name of Mutha Bhawarial (who had expired on 12.8.1999) and Goutham Jain, by submitting forged and fabricated documents from Aminjikarai Branch of Dena Bank and (5) got one more housing loan in the name of Goutham Jain, Seema Jain, Shantilal Jain and Bhawari Devi, by submitting forged fabricated documents from Aminjikarai Branch of Dena Bank during 2005 and got the loan amount credited into the accounts opened in the name of Goutham Jain, by impersonating as purported vendors of properties. The aforesaid facts disclose that the Petitioner and the other accused persons have committed the offences of criminal conspiracy, cheating and dishonestly inducing delivery of property, forgery of valuable security, forgery for the purpose of cheating, using as genuine forged document, counterfeiting device or mark used for authenticating documents and abuse of official position by Public Servants.

12.I have given my careful and anxious consideration to the rival contentions put forward by either side and thoroughly scanned through the entire evidence available on record, including the relevant provisions of Law and authorities of various courts.

13.The Petitioner, who was a Bank Employee of a nationalised Bank/Public Sector Undertaking/Public Servant, was charge sheeted for the offences under Sections 120B of IPC read with 420, 467, 468, 471 and 476 of IPC read with Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, alleging that during the period 2004-2009, the Petitioner, by http://www.judis.nic.in abusing his official position as a Public Servant, entered into a criminal conspiracy with his colleagues and other accused persons and pursuant to such criminal conspiracy, by dishonestly inducing delivery of property, forgery of valuable security, forgery for the purpose of cheating, counterfeiting device or mark used for authenticating documents, by abusing official position as Public Servants, availed five loans and cheated the Dena Bank, George Town Branch and Aminjikarai Branch, to the tune of Rs.1.11 crores. Pursuant to a Departmental Enquiry, the Petitioner had been dismissed from service on 16.02.2008. Thereafter, on the complaint given by B.Rathanakumar, the Assistant General Manager, Dena Bank, the case was registered on 03.12.2009 in RC.12(S)/2009/CBI/SCB/Chennai. The final report had been filed on 13.01.2011 and the Court has taken cognizance on 13.01.2011.

17.Admittedly, the Petitioner/ accused was working as FINMART Manager in the Dena Bank, a Public Sector Bank. The allegation against the Petitioner/ accused is that the Petitioner/ accused, by abusing his official position as a Public Servant, in collusion with the other accused, had committed the offence of criminal conspiracy, cheating and dishonestly inducing delivery of property, forgery of valuable security, forgery for the purpose of cheating, using as genuine forged documents, counterfeiting device or mark used for authenticating documents and cheated the Bank to the tune of Rs.1.11 crores and thereby, the Petitioner along with the other accused were charge http://www.judis.nic.in sheeted for the offences under Sections 120B of IPC read with 420, 467, 468, 471 and 476 of IPC read with Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.