Delhi District Court
Cc No. 1/15 Cbi vs . Udai Pal Singh & Ors. 1 Of 5 on 28 April, 2015
IN THE COURT OF SPECIAL JUDGE, CBI (PC ACT)-06, CENTRAL
DISTRICT, TIS HAZARI COURTS, DELHI
CC No. 1/15
I.D. No.02401R0077722015
RC No. EO-I/03(E)2012/12/CBI
CBI
Vs.
Udaipal Singh @ Uday Pal Singh Chauhan & Ors.
ORDER
Criminal law was set into motion in this case on 25th April, 2012 when FIR was registered by the CBI on the complaint of Sh.Sandeep V.Dabir, Asstt. General Manager, Punjab National Bank, Assest Recovery Branch, New Delhi.
In brief, facts leading to the filing of the charge sheet in this case are that one Satbir Sharma (since deceased) was proprietor of M/s Guruji Trading Company and Udai Pal Singh (who was an employee of Satbir Sharma) was the proprietor of M/s Sivani Agro India. Both these companies were allegedly dealing in food grains having their office/shops at Naya Bazar, Delhi.
It is alleged that Satbir Sharma (since deceased) and Udai Pal Singh, (A-1) along with the Punjab National Bank, Mall Road officials viz. Sh. S.C. Pathak (A-5) Chief Manager, Ravi Kumar Bharti (A-6), deputy manager (Loans), Pyare Lal (A-7) Chief Manager, along with Baldev Raj Bhatia,(A-2), Smt. Bimlesh Devi (A-3) and Sarwan Kumar Garg, (A-4) entered into a conspiracy to cheat Punjab National Bank. Pursuant to conspiracy, false and forged documents were prepared and used for obtaining Cash Credit Limit to the extent of Rs.300 lakhs each, in the account of M/s Guruji Trading and M/s Sivani Agro India.
CC No. 1/15 CBI Vs. Udai Pal Singh & Ors. 1 Of 5 I have heard submissions advanced by ld. PP for the CBI and have perused the record.
Perusal of the charge sheet, statement of witnesses and the documents on record show that Sh. Udai Pal Singh (A-1), proprietor of borrower firm M/s Shivani Agro India obtained limit up to Rs. 300 lacs from Punjab National Bank, Mall Road Branch, Delhi. Copies of Balance Sheets submitted by him were not genuine. He submitted duplicate sale deed in the name of Smt. Bimlesh Devi for the purpose of enhancement of CC limit and obtained limit up to Rs.300 lacs from mall Road Branch PNB Delhi by submitting fake balance sheets and property documents in the bank.
A-3 (Smt. Bimlesh Devi) was Guarantor of M/s Shivani Agro India for enhancement of limit in said account and mortgaged a sale deed purported to be executed in 2005, which was a second sale deed of property No.2252/171 Part of Khasra No.620/552, Kevat No.1, Plot No.130, Ganesh Pura, Tri Nagar, Delhi, although a previous sale deed executed in the year 2003 already existed against which property. She had obtained loan against the title deed from SBI Branch, GT Karnal Road, New Delhi. Investigation revealed that her husband, Sarvan Kumar Garg (A-4) executed two sale deeds dishonestly, in respect of said same property in her favour, once in the year 2003 and subsequently in the year 2005.
Sh. Sarvan Kumar Garg (A-4), husband of Smt. Bimlesh Devi, was Guarantor in account of M/s Shivani Agro India. Sale deed of property mortgaged by Smt. Bimlesh Devi was found forged (A-4) was attorney of property mortgaged with PNB and allegedly executed two sale deeds, in respect of same property in favour of his wife, once in the year 2003 and subsequently in the year 2005. He in complicity with his wife mortgaged forged sale deed (of 2005) as security against CC limit, granted by PNB Mall Road branch to M/s Shivani Agro India.
CC No. 1/15 CBI Vs. Udai Pal Singh & Ors. 2 Of 5 Sh. S.C. Pathak (A-5), the then Chief Manager, PNB, Mall Road Branch sanctioned limit of 75 lacs in account of M/s Guruji Trading which was enhanced to 91 lacs and thereafter again enhanced to 220 lacs. He sanctioned limit of Rs. 110 lacs in account of M/s Sivani Agro, which was enhanced to 234 lacs and allowed ad hoc limit of 35 lacs without having power and on the basis of forged documents submitted by loanee as well as the guarantors. He allegedly failed to inspect the properties mortgaged against the limit and accepted the fictitious Balance Sheets of borrowers firm and used figures mentioned therein to assess viability of CC limits. Verification of stocks/inspection of godown was not conducted and the alleged Godown/stock of both the firms were not existing.
Sh. Pyare Lal, (A-7) the Chief Manager, PNB, Mall Road Branch, who joined after Sh. S.C. Pathak (A-5) converted existing limit under Super Trade Scheme to Cash Credit General and enhanced the limits to 300 lacs each in the account of M/s Guruji Trading and M/s Sivani Agro. He allegedly failed to visit the properties mortgaged against the limit and accepted the fictitious Balance Sheets of borrowers firm without verifying the same and verification of stocks/inspection of godown was not conducted by him. Godown of M/s Guruji Trading and stock of M/s Sivani Agro was not existing.
Sh. Ravi Kumar Bharti, (A-6) Dy. Manager (Loans), PNB, Mall Road Branch authenticated fictitious balance sheet and financial figures of said fictitious balance sheet were used in preparing Process Notes. He recommended sanctioning of CC limit against hypothecation of stock, book debts which were based on the false and fabricated documents. He did not conduct any physical verification of the mortgaged properties and stocks and failed to inspect the relevant books of accounts of borrower.
It is further the case of prosecution that Sale deed of the plot no. 4 measuring 164 sq. yds. out of Khasra No. 466/124/1/12 situated in the area of village seelampur, Abadi Gardhi Nagar, Gali Gurdwara Wali, Illaqa Shahdara, CC No. 1/15 CBI Vs. Udai Pal Singh & Ors. 3 Of 5 Delhi (No. 3304) in name of Sh. Baldev Raj (A-2) was allegedly mortgaged by another person who represented himself as Baldev Raj in PNB, Mall Road Branch in account of M/s Guruji Trading Co. for enhancement of limit and the said Baldev Raj was allegedly identified by Ravi Kumar Bharti (A-6), Deputy Manager (Loans), PNB, Mall Road Branch. Concerned clerk posted in the said bank branch, who was also the attesting witness to the agreement of guarantee dated 14th September, 2007, allegedly executed by Baldev Raj, in favour of Bank, has stated that Ravi Kumar Bharti introduced to her the person whose photograph was annexed with the bio-data of guarantor as Baldev Raj (part of document D-6). It is alleged that Sale deed in respect of property in name of Sh. Baldev Raj mortgaged in PNB was found forged during investigation and Baldev Raj (A-2) had assisted valuer S.N. Bansal and shown him the property No.3304, when he had gone for conducting valuation and Baldev Raj (A-2) is seen in the photographs taken by the valuer.
It is alleged that as on 31.12.2008 outstanding amount in the account of M/s Guruji Trading Co. was Rs. 306.06 lacs. and as on 31.01.2009 outstanding amount in the account of M/s Sivani Agro India is Rs. 308.69 lacs. In the account of M/s Guruji Trading Co. bank has done OTS for Rs. 175 lacs with borrower Satbir Sharma and released its charge on three properties mortgaged in this account and In the account of M/s Sivani Agro India bank has done OTS for Rs. 115 lacs with Guarantor Smt. Sarita Jain and released its charge on her property and further action for recovery is being taken by bank.
Case of prosecution is that Udai Pal Singh (A-1), Prop. M/s Sivani Agro India, Baldev Raj (A-2), Guarantor in M/s Guruji Trading Co., Smt. Bimlesh Devi (A-3), Guarantor in M/s Sivani Agro India, Sarwan Kumar Garg (A-4), S.C. Pathak (A-5), the then Chief Manager, Mall Road Branch, Delhi, Ravi Kumar Bharti (A-6), the then Dy. Manager (Loans), Mall Road Branch, Delhi and Pyare Lal (A-7), the then Chief Manager, Mall Road Branch, Delhi entered CC No. 1/15 CBI Vs. Udai Pal Singh & Ors. 4 Of 5 into a conspiracy to cheat the bank by forging the documents and using the genuine and in commission of criminal mis-conduct by the bank officials, who were public servants. Prima facie case for commission of substantive offences punishable u/s 420, 467, 468, 471 of IPC against Sh. Udaipal Singh @ Uday Pal Singh @ Udaipal Singh Chauhan (A-1), Sh. Baldev Raj Bhatia(A-
2), Smt. Bimlesh Devi (A-3), Sh. Sarwan Kumar Garg (A-4) and offence punishable u/s 13(2) r/w 13 (1)(d) of Prevention of Corruption Act 1988 (P.C. Act) against Sh. S.C. Pathak (Subash Chander Pathak) (A-5), Sh. Ravi Kumar Bharti (A-6) & Sh. Pyare Lal (A-7) and an offence punishable u/s 120B r/w 13 (2) r/w 13 (1) (d) of P.C. Act & Section 420, 461, 468, 471 IPC is made out and there are sufficient grounds to proceed further against the aforenoted accused for the alleged offences and therefore, I take cognizance. Accused persons be summoned.
ANNOUNCED IN THE OPEN COURT VINAY KUMAR KHANNA
on 28th April, 2015 Special Judge-CBI (PC Act)-06
Tis Hazari Courts, Delhi.
CC No. 1/15 CBI Vs. Udai Pal Singh & Ors. 5 Of 5