Mr "A" opened the account on his firm name. Thereafter Mr "A" opened the account on the name of his employee in the same bank. In collusion with Bank Official Mr "A" start purchase of cheque in the account ( his name & his employee name). The bank official purchase the cheque beyond their discritionary power. However later on the higher official has sanctioned the loan to Mr "A" incluidng all firm to be him group.
The particulars of the employees are not in dispute. Moreover, it was not in the knowledge of employees that the cheque of the firm was purchased by the employer which came after booked by CBI
After sanction the loan by the higher official under their capacity CBI has registered a case against the Bank official and employer Mr "A" and employees u/s 13 (1) (d) & 13 (2) of Prevention of Corruption Act and 120B R/w section 420. The court framed the charges 120 B r/w 420 IPC and section 13 (2) read with section 13(1) (d) of the prevention act-1988 against all accused and 13(2) r/w 13(1) (d) of Prevention of Corruption Act-1988 against all bank officials. further section 420 IPC against mr "A" and his employee
Now a question is arise whether on the one hand the bank high official are sanction the loan and on the other hand the FIR has been lodged by the officer of the same bank. Further when it was very well in the knowledge of bank official that the particular accounts was of employee of Mr "A" and they sanction the loan to MR "A" stating group company of MR "A". CBI did not array any high official of bank in the category of Accused. The case registered by the CBI stands anywhere, if not, please provide the citation urgently.
Whether the case came in the purview of Section mentioned above, if not, please provide the citation urgently
Rgds
