Delhi District Court
Central Bureau Of Investigation vs . on 16 January, 2013
IN THE COURT OF SH. P.S. TEJI, DISTRICT JUDGE (EAST) :
SPECIAL JUDGE (CBI), KARKARDOOMA COURTS, DELHI
A.C. No.04/2012
Unique Case ID No. 02402R0365992012
Central Bureau of Investigation
Vs.
Roshan Lal Rewaria etc.
O R D E R
The CBI has filed the chargesheet against five accused persons, namely, Roshan Lal Rewaria, Hans Raj Kumar P.S. Shetty, Sanjay Sharma and Rajeev Sharma under Section 120B IPC read with Section 420, 468, 471 IPC and 13(2) read with 13(1)(d) of the P.C. Act. The submissions of Ld. PP for CBI on the point of cognizance have been heard.
2 At the relevant time, accused Roshan Lal Rewaria and Shri Hans Raj Kumar were posted as Chief Manager and Assistant Manager in Syndicate Bank, Nirman Vihar, Delhi; accused P.S. Shetty was panel Advocate of the said bank, whereas accused Sanjay Sharma AC No.04/2012 CBI Vs. Roshan Lal Rewaria etc. Page 1 of 8 and Rajeev Sharma were partners of M/s Shree Sai Shyam Enterprises who had obtained overdraft limit to the tune of Rs.90 lacs and Rs.8.10 lacs as term loan from the bank by depositing fake and laminated title deeds. It is alleged that accused Hans Raj Kumar was looking after Loan and Advance Section and accused Roshan Lal Rewaria was supervising the same and was required to scrutinize the documents of applicants in order to ascertain that the documents were in order as per prescribed norms and prevalent procedure of the bank and were genuine. Accused Roshan Lal Rewaria and Hans Raj Kumar were also required to generate CIBIL report and to conduct inquiry about the party i.e. M/s Shree Sai Shyam Enterprises, a firm engaged in manufacturing of bathroom fittings and sanitary goods. Accused Roshan Lal Rewaria and Hans Raj Kumar were also required to ascertain antecedents, credit worthiness and financial viability of the borrower firm and to ensure the genuineness of the documents submitted by M/s Shree Sai Shyam Enterprises and to see that monthly stock statements were furnished by the firm regularly and were correct. Both the above accused were also required to ensure that funds of the limit sanctioned to the firm were utilized for the purpose for which it was granted.
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It is alleged that accused Sanjay Sharma, Rajeev Sharma and Reena Sharma (since deceased), all partners of M/s Shree Sai Shyam Enterprises submitted loan application dated 20.06.1998 to Syndicate Bank, Nirman Vihar, Delhi for grant of overdraft limit of Rs.90 lacs and term loan of Rs.8.10 lacs for manufacturing bathroom fittings. It is alleged that along with the said loan application, list of machines and their price was enclosed. It is also alleged that they submitted false/forged documents such as collateral security of the factory and building at 25, Shyam Industrial Area, Loni, Ghazaibad, false/bogus registration certificate of the firm, forged audit report, balance sheet, profit and loss account statements under purported signature of Shri Surjit Grewal and fabricated statement of account maintained with J & K Bank, Vikas Marg. During the course of investigation, it revealed that accused Hans Raj Kumar had processed the loan application and accused Roshan Lal Rewaria while sanctioning the proposal, made remarks that "both the mortgaged properties have been inspected, ensured that these are in the possession of the mortgagee. Visit report of the mortgaged properties have been prepared and placed on record". It was also revealed that accused Rajeev Sharma and Sanjay Sharma made false declaration that AC No.04/2012 CBI Vs. Roshan Lal Rewaria etc. Page 3 of 8 they had not deposited the title deeds at any time with any person and that properties were free from all encumbrances, whereas M/s Shree Sai Shyam had already availed cash credit facility from UCO Bank, Krishna Nagar; UCO Bank, Mukherjee Nagar and Nainital Bank Ltd, Panchkuiyan Road but this fact was not verified by accused Roshan Lal Rewaria. Investigation further revealed that properties which were offered as security for the loan were legally scrutinized by accused P.S. Shetty, the Panel Advocate of the Bank and he had submitted a false legal scrutiny report in respect of property at plot No. 25, Shyam Industrial Estate, Loni, Ghaziabad and that he did not verify the originals of said property. Investigation further revealed that accused Roshan Lal Rewaria did not enquire about the credit worthiness and financial viability of firm of accused and that confidential opinion/ report from J & K Bank, Preet Vihar was not obtained. It is also alleged that accused Roshan Lal Rewaria has falsely mentioned in Process Note that there were no liabilities of the partners of M/s Shree Sai Shyam Enterprises. It is also alleged that accused Roshan Lal Rewaria and Hans Raj Kumar did not confirm the status of the firm, Audit report from concerned CA and they also did not confirm the genuineness of the statement of account maintained with J & K Bank, AC No.04/2012 CBI Vs. Roshan Lal Rewaria etc. Page 4 of 8 Preet Vihar. Accused Roshan Lal Rewaria had falsely written that confidential opinion in respect of the firm had been obtained from J & K Bank. It is further alleged that accused Roshan Lal Rewaria did not retrieve the Credit Information Bureau of India Ltd (CIBIL Report) from the system before sanction of loan which was mandatory and said report was generated subsequent to sanction of the loan and thus it was a lapse on the part of accused Roshan Lal Rewaria. Investigation further revealed that M/s Shree Sai Shyam Enterprises submitted a forged Audit Report and copies of stock statements which accused Roshan Lal Rewaria and Hans Raj Kumar did not confirm from concerned CA. They also did not verify the stock statements. Investigation further revealed that no person in the name of Mr Surjit Singh was working with M/s Grewal & Singh Chartered Accountants and that letter head on which audit report had been prepared did not belong to said CA firm. Investigation further revealed that accused P.S. Shety in complicity with bank officials and partners of M/s Shree Sai Shyam Enterprises submitted a false search report of the property mortgaged and thus facilitated the disbursement of loan to accused firm. Investigation further revealed that sale deed of the property was forged as all its pages were laminated and which as per guidelines of AC No.04/2012 CBI Vs. Roshan Lal Rewaria etc. Page 5 of 8 the bank, should not have been accepted by the bank as security and thus partners of the accused firm had prepared and used forged sale deed. It is further alleged that only photocopies of properties were held by the bank, whereas original should have been held by the bank. It has also been revealed that excess drawing beyond limit of Rs. 90 lacs was allowed by accused Roshan Lal Rewaria which should not have been allowed.
Investigation further revealed that accused Roshan Lal Rewaria and Hans Raj Kumar in criminal conspiracy with partners of M/s Shree Sai Shyam Enterprises did not exercise due diligence and extended the cash credit limit and term loan in violation of prescribed norms and guidelines of the bank while abusing their official position. It has also come on record that Sh. P.S. Shetty, Panel Advocate of the Bank, in criminal conspiracy with above bank officials and partners of accused firm submitted a false search report of the property mortgaged. It has also come on record that loan disbursed was misappropriated as same was not used for intended purposes. It also revealed that no machinery was purchased out of term loan. Investigation revealed that accused Roshan Lal Rewaria, Hans Raj Kumar, P.S. Shetty, Sanjay Sharma and Rajeev Sharma entered into a AC No.04/2012 CBI Vs. Roshan Lal Rewaria etc. Page 6 of 8 criminal conspiracy and in pursuance of said conspiracy, accused Roshan Lal Rewaria and Hans Raj Kumar by abusing their official position with corrupt and illegal means got the loan facility of Rs.90 lacs and term loan of Rs.8.10 lacs sanctioned to accused Rajeev Sharma and Sanjay Sharma on the basis of forged sale deed and other forged and fabricated documents and unauthorizedly diverted/siphoned off the proceeds thereof and thus cheated the bank to the tune of Rs. 120.25 lacs.
Since accused Roshan Lal Rewaria and Hans Raj Kumar were public servants and have retired from govt. service, as such no sanction for their prosecution under section 19 of the P.C. Act was required. Perusal of statements of witnesses and documents also show that accused persons have committed the offences in the present case.
8 Therefore, I, P.S. Teji, Special Judge (CBI) take cognizance of the offence committed by the accused, namely, Roshan Lal Rewaria, Hans Raj Kumar, P.S. Shetty, Sanjay Sharma and Rajeev Sharma under Section 120B IPC read with Section 420, 467, 468, 471 IPC and 13(2) read with 13(1)(d) of of P.C. Act; substantive offences punishable under section 420 IPC and 13(2) r/w 13(1)(d) of the P.C. AC No.04/2012 CBI Vs. Roshan Lal Rewaria etc. Page 7 of 8 Act against accused Roshan Lal Rewaria and Hans Raj Kumar; and substantive offences u/s 420, 467, 468 and 471 IPC against accused Sanjay Sharma and Rajeev Sharma.
Announced in the open Court ( P.S. TEJI )
Dated: 16.01.2013 District Judge (East)
Special Judge (CBI)
Karkardooma Courts : Delhi
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