Delhi District Court
Cbi vs . Prem Bansal Etc. on 20 March, 2010
1
CBI No. : 68/2008
CBI Vs. Prem Bansal Etc.
20-03-2010
Present .: Sh. V.K. Sharma, Ld. Sr. PP for the C.B.I
All the accused are present on bail except
accused No. 1 Prem Bansal who is absent.
An application for exemption from personal
appearance has been moved on behalf of accused Prem
Bansal. Heard. Perused the application. In the facts and
circumstances as mentioned in the application, the
application is allowed. Accused No. 1 Prem Bansal is
exempted from personal appearance for today only.
ORDER ON CHARGE
1.In brief, the case of the prosecution is that in pursuance to the order dated 2-08-2006, passed by the Hon'ble Delhi High Court an FIR was registered against the accused persons U/s 120-B read with sections 419,420,468,471 IPC and Section 13 (2) read with sections 13 (1) (d) of Prevention of Corruption Act
-1988.
2. As per the allegations, Blue Sky Cooperative Contd....
2Group Housing Society (CGHS) bearing registration No. 1432 was registered on 6-2-1984 with 83 promoters members and the list was later on increased to 97 members in the year 1997 which was approved by the office of R.C.S.
3. Blue Sky Cooperative Group Housing Society (CGHS) was formed by one Rajiv Aggarwal and certain other officers of Indian Overseas Bank (IOB) who had initially applied for the registration in the name of Neel Gagan CGHS. As Neel Gagan CGHS was already a registered CGHS, this society was registered under the name of Blue Sky Cooperative Group Housing Society (CGHS) vide registration No. 1432 on 6-02-1984 having its office at 18763, Nabi Karim, Jhandewalan, New Delhi. This was the residence of Rajiv Aggarwal, the first secretary of the society. The office was later on shifted to the residence of Sh. S.B. Sharma, employee of the I.O.B. and functionary of the CGHS at C-49, Prithvi Raj Road, Adarsh Nagar, Delhi.
4. In the year 1989 Rajiv Aggarwal, main promoter of the CGHS expired and thereafter other members namely S.B. Sharma, Kailash Chand etc. continued Contd....
3their efforts to get the list of members approved from the R.C.S. office but the same could not be materialized.
5. In the year 1991 Hon'ble High Court of Delhi in case titled as "Kavery CGHS Vs. Union of India Others"
directed the DDA to maintain a seniority list of the CGHS on the basis of date of registration with the R.C.S and allot the land to the eligible CGHS strictly on the basis of seniority list.
6. It is this order of the Hon'ble High Court which the accused persons tried to en-cash and they hatched a criminal conspiracy in the year 1997-1998 with an object to cheat the DDA to obtain land at concessional rate.
7. It is alleged that accused Prem Bansal and Gulshan Kumar Soni took over the control and management of the society and in conspiracy with the other accused persons forged the records of the society and enrolled unauthorized members in the society after charging hefty amount after the mass resignation of the original members which were facilitated and fraudulently approved by accused Ram Nath on the basis of forged documents.
Contd....
48. I have heard the arguments on charge, perused the written submissions filed by the accused persons and also gone through the records of the case.
9. It is urged by the counsel for the accused that no case of cheating can be registered without a complainant. It is further urged that for holding any person accused U/s 420 there must be false inducement to the complainant so as to deceive him. It is further urged that no forgery has been committed by the accused persons. It is further urged by the counsel that accused Prem Bansal and Gulshan Kumar Soni were elected President and Vice President of the society on 18-07-1998 and the genuineness of the resignation prior to this date could not be known to them. It is further urged that as such without any knowledge no offence U/s 471 IPC is made out against them. He has prayed for the discharge of the accused persons.
10. As far as the contention that a complaint is must for recording of an FIR and for the offence of cheating, I am to say that the information can be given either by an individual or it may come from any other Contd....
5source. In the present case the FIR RC- 3(E)/06/IOU.VII/SPE/CBI/N. Delhi was registered on the basis of an order dated 2-08-2006 passed by the Hon'ble High Court of Delhi in Civil Writ Petition No. 10066/2004. It is well known that the Hon'ble High Court has the power to refer the matter for investigation to the CBI. In this regard reference can also be had to an order dated 17-09-1997 passed by the Hon'ble Mr. Justice S.N. Dhingra in Criminal Misc. case No. 2784/07 wherein it was held as follows :-
"The investigation was referred to CBI in this case by the High Court. Once investigation of a case is given by the High Court to CBI under its inherent powers, permission from State Government is not required. High Court is competent enough to refer a matter for investigation to CBI.
Investigation is done by police under Cr.P.C. There is no such thing as investigation under Delhi Cooperative Contd....6
Societies Act. In fact lot of bungling, corruption and registration of fake societies was found and the entire episode was investigated. Therefore, after investigation, the charge sheet had to be filed by CBI in respect of all those crimes, commission of which was revealed after investigation. It is also settled law that an act of accused may attract offences under different penal provisions and he can be charged under all such penal provisions."
11. So in view of the observations of the Hon'ble High Court, this contention has no force in it.
12. The other contention raised by the counsel for the accused would be answered by me at the time of discussing the role of each accused which would decide whether and what charges are to be framed against them.
13. Role of accused Prem Bansal: He took over the control and management of the Blue Sky CGHS alongwith co-accused V.K. Bansal and Gulshan Kumar Soni in the year 1996-1997 and subsequently got Contd....
7himself elected as President of the society and accused Gulshan Kumar Soni as Vice President of the society. As per the allegations he had signed the list of 53 members as President of the society showing that 53 members have resigned. This list was later on forwarded to R.C.S office. Alongwith this list forged resignations letters and forged cash receipts in return of share money were also submitted in the RCS office for approval of change in the RCS office. Accused Prem Bansal had signed the list of 54 new members as President of the Society and this list was forwarded to R.C.S office and this was done after forging resignation letters of existing members. It is also alleged that the member ship was sold to new members at a huge premium. G.E.Q.D. opinion, has been received which has confirmed forgery in resignation letters / cash receipts and affidavits. It is also alleged that in the proceeding register on 18-07-1998, it has been shown that special General Body Meeting was conducted and Prem Bansal was elected as President of the society.
14. During the investigation, it has been revealed that Prem Bansal got the proceeding register forged to Contd....
8show that he was elected the president of the society and the forgery in the proceeding register has been confirmed by the G.E.Q.D. Opinion.
15. Role of accused Gulshan Kumar Soni: It is alleged against him that in the year 1996-1997, he took over the management and control of Blue Sky CGHS alongwith co-accused V.K. Bansal and Prem Bansal and got himself elected as Vice President of the Society and co accused Prem Bansal as President of the Society. In the year 1997, he got forged affidavits of certain members prepared and submitted in the RCS office for the purpose of approval of list of members. He as secretary of the society had also signed the list of 53 members shown to have resigned and it was forwarded to RCS office.
16. It is alleged that this was a false list in support of which forged resignation letters, forged cash receipts for return of share money etc. were also submitted. It is further alleged against the accused that he signed the list of 54 new members in the capacity of secretary of the society and this list was submitted by him in the RCS office under his signatures.
Contd....
9This was done after forging the resignation letters of the existing members.
17. The new membership was sold by him alongwith other accused persons at huge premium. G.E.Q.D opinion has been received which has confirmed forgery in the resignation letters, cash receipts and affidavits.
18. Investigation further revealed that the proceeding register dated 18-7-1998 showing the election of the accused as Vice President of the society has also been forged which has been confirmed by GEQD report. It is also alleged that in the proceeding register list of members present and their signatures have been left blank so as to make suitable changes at a later stage.
19. Accused Gulshan Kumar Soni was not eligible to become a member of this CGHS as he was member / office bearers of many other CGHS and also owned property in Delhi and to this effect he had submitted false affidavits.
20. The new members who were enrolled have been examined and they have stated premium in cash Contd....
10and cheque was collected from them and cash receipts and share certificates were issued by accused Gulsah Kumar Soni.
21. Role of accused Vinod Kumar Bansal: He took over the society in 1996-1997 alongwith co- accused Prem Bansal and G.K. Soni. It is alleged against him that in the year 1997, he got forged affidavits of members prepared and submitted in the RCS office for the purpose of approval of list of members.
22. It is further alleged against him that application of accused Prem Bansal for enrollment as a member of the society was filled up and signed by him. He had also signed the affidavit which was filed alongwith application form of accused Prem Bansal and this has been confirmed by GEQD opinion.
23. As per the allegations list of 53 members of the society shown to have resigned, was forwarded to RCS office which was a false list and this was accompanied by forged resignation letters and forged cash receipts showing return of share money etc. It is alleged that accused had filled up the forged resignation Contd....
11letters of certain members and this has been confirmed by the GEQD opinion.
24. It is further alleged that 54 new members were enrolled in the society and the list was forwarded to R.C.S office. These members were enrolled at a huge premium which was accepted partly in cash and partly in cheque and it is alleged that accused Vinod Bansal had prepared the cash receipts for enrollment of new members and this has been confirmed by GEQD opinion.
25. Accused Vinod Bansal had signed a letter sent to DDA in May, 1997 for allotment of land to the society and he had signed this letter in the capacity of secretary of the society. After taking over the society he had signed a large number of share certificates issued to the members as treasurer / secretary though on papers he was not even a member of the society, but misrepresented himself and signed as treasurer of the society. The GEQD report has been received which confirmed the forgery in the resignation letters, cash receipts and affidavits.
26. Accused and his family members are associated Contd....
12with Vasundhara CGHS, Satish CGHS, Nav Rattan CGHS, Bhai Bano CGHS, Vikramaditya CGHS, Sukh Shanti CGHS, Ashraya CGHS in addition to Blue Sky CGHS meaning thereby he was a property agent and dealing in various CGHS. Enrolled members have been examined and they have stated that premium both in cheque and cash was collected by them from accused Vinod Bansal and during search documents pertaining to Blue Sky CGHS and many other CGHS have been recovered from his premises.
27. Role of accused Ram Nath : He is the Government servant and was working as Inspector, Grade II in the R.C.S. office New Delhi. It is alleged against him that he was asked to verify the records regarding resignations of 53 members and enrollment of 54 new members. In his note dated 22-3-1999, he has falsely mentioned that he had verified resignation letters and receipts of share money by resigned members which were all forged. He has also falsely written that payment made to resigned members was through cash vouchers and has falsely verified the payments though as per the instructions the CGHS was Contd....
13required to refund the money through account payee cheque only, but the accused bypassed these instructions and verified the refund of money to the members on forged cash vouchers.
28. It is alleged against him that he did not follow the instructions that after acceptance of resignation letters by the managing committee, the information on the prescribed format has to be sent to the members who have resigned regarding acceptance of their resignation letters but this information was not sent to any of the members who have been shown to have resigned.
29. It is contended that accused Prem Bansal and Gulshan Kumar Soni became the members of the society in the year 1997 and subsequently became the President and Vice President on 18-07-1998, so they have shown ignorance regarding the genuineness of resignations prior to 18-07-1998. In this regard reference can be had to the statement of PW 24.
30. This witness has stated that in the year 1996- 1997 he met accused Vinod Kumar Bansal and accused Gulshan Kumar Soni R/o Mukherjee Nagar in a function. As they both were having good experience in Contd....
14the field of Cooperative Group Housing Society, so matter relating to the final approval of the list of members and allotment of land by DDA was discussed with them. He further stated that the society also needed an office and on this accused Vinod Kumar Bansal offered his office premises and thereafter the office of Blue Sky CGHS was shifted to Namdhari Chamber, Karol Bagh. According to this witness all the papers of the society were also moved to this office and were in custody of accused Vinod Kumar Bansal.
31. According to this witness accused Gulshan Kumar Soni, accused Prem Bansal and his brother V.K. Bansal were taken as member of the society who subsequently took over the society and started pursuing all the matters relating to the society. According to this witness in the year 1997 RCS office desired fresh affidavits from all the persons before approval of list of members, so fresh affidavits were submitted by this witness and one S.B. Sharma in the RCS Office and they also helped accused by, intimating known and available bank employees so that the affidavits could be submitted. So the accused persons took upon Contd....
15themselves to complete the requirement of RCS office.
32. This witness after going through the RCS file stated that letters dated 25-01-1999 of the CGHS addressed to the RCS bears the signature of accused Gulshan Kumar Soni and vide this letter list of 53 resigned members, list of 54 new members for enrollment and other list of members enrolled and resigned was submitted in the RCS office for approval. He deposed that request letters have been signed by accused Prem Bansal and Gulshan Kumar Soni.
33. According to this witness to his knowledge at no point of time such a huge number of members have submitted their resignation. He further deposed that after 1997 and 1998 he was not in much contact with th society.
34. This witness has further stated that on 18-07- 1998, no election proceedings had taken place at the resident of Bhagwan Sharma as mentioned in the election proceedings and he signed the same on good faith on the asking of accused V.K.Bansal.
35. According to this witness, accused persons after taking over the management and documents of the Contd....
16society were running its affairs and vide letter dated 31- 3-1998, it is confirmed that cash books, ledger, proceeding register, membership register, voucher file, registration file and correspondence file etc. were in their custody.
36. So the accused persons in the year 1997 after becoming the members started running the affairs of the society from their office at Namdhari Chamber Karol Bagh though two of them namely Prem Bansal and Gulshan Kumar Soni got elected as President and Vice President on 18-7-1998. Reference can also be made to the statements of Pws 8, 9, 12, 13, 27, 28, 31, 35, 37, 40, 41 and 77. All these witnesses have stated that the resignations letters and cash voucher receipts bears their forged signatures. The contention that the resignations were prior to the accused persons becoming the president and secretary of the society does not cut much ice because, according to PW 24 after becoming the members of the society in the year 1997, accused persons took over the control of the society and all the documents and office of the society was shifted to Karol Bagh, the place which belongs to Contd....
17accused Prem Bansal. The resignations and cash vouchers, receipts bears the date of 1997 and 1998, which is evident from the statements of witnesses.
37. At this stage, only a primafacie opinion has to be formed regarding the participation of the accused persons in the alleged offence. Hence on the basis of the facts and circumstances all the accused are liable to be charged as they have entered into a criminal conspiracy and attempted to get the land alloted at concessional rates from the DDA. In that process they have forged the resignation letters, affidavits, cash vouchers of the various members of the society and made and enrolled new members who were their relatives and some other members by charging hefty premium. Accused Prem Bansal, Gulshan Kumar Soni and V.K.Bansal having the knowledge that no mass resignations have been submitted by the earlier members, they submitted forged documents in the RCS office for getting the list approved. The various forged documents i.e. resignation letters, affidavits, cash vouchers of the various members of the society were submitted by accused Prem Bansal, Gulshan Kumar Contd....
18Soni and Vinod Kumar Bansal in the RCS office which were then processed by accused Ram Nath.
38. Thus on the basis of the facts stated above and in the circumstances, there is primafacie sufficient material to frame charge against the accused persons. Therefore all the accused persons are liable to be charged U/s 120 B R/w section 420 IPC R/w section 511 IPC and sections 468/471 IPC and also R/w section 13 (2) R/w section 13 (1) (d) and section 15 (1) of the P.C Act.
39. Besides this accused Ram Nath is liable to be charged for substantive offences punishable U/s 15 R/w Sections 13 (1) (d). Further accused Prem Bansal, Gulshan Kumar Soni and Vinod Kumar Bansal are further liable to be charged for the substantive officens U/s 420/511 and 471 IPC. Now to come up for formal framing of charge on 14-04-2010.
(Announced in the open Court on 20-03-2010) (RAJNISH BHATNAGAR) SPECIAL JUDGE 01 CBI ROHINI COURTS : DELHI Contd....
19Contd....