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Ashok Mohan as PW13 stated that he was the guarantor but he signed blank guarantee deed. Ashok Mohan had account in the bank. There was no idea to sign blank guarantee deed. If the loan was sanctioned by the appellant and if the loanee was a fake person, then there was no idea to deposit payment by the guarantor. Ashok Mohan was challaned but later on, he was discharged. To save himself, Ashok Mohan wrongly stated that payment was made by the appellant and after receipt of payment, by filling pay in slips, payment was deposited in the bank. IO admitted that he came to know about the missing file on 11.6.1985 for the first time. Guarantor deposited payments on 31.7.1984 and 24.1.1985. Appellant had handed over charge to S.P.Lomesh on 15.5.1984. Argued that first of all, no evidence that loanee was a fake person. No record from M/s Naveen Engineering and Chemical Industries that machinery was not sent against payment. Rupinder Singh was carrying on business in the name and style of M/s Paul Industries on the back side of Industrial Plot No.114, Phase-II, Industrial Area, Chandigarh. So, nothing to presume that M/s Paul Industries was not in existence. If the loan was advanced to a fake person, then there was no idea to deposit payment before registration of the FIR. When charge was handed over by the appellant to S.P.Lomesh on 15.5.1984, then original documents were in the custody of S.P.Lomesh, but original documents were not produced. S.P.Lomesh was also in trouble. Father-in-law of the appellant was the DSP in CBI. S.P.Lomesh was pressurizing the appellant to request his father-in-law to help him. When appellant failed to oblige him, then S.P.Lomesh felt offended and stated that loan was sanctioned in the name of fake person. Except one document signed by the appellant, no other document was in the hand of the appellant. After the loan case is processed by the lower employee, then file is put up before the Manager for sanction. After sanction by the Manager, then file is forwarded to the Divisional Manager. Only after the sanction is accorded by the Divisional Manager, the loan is sanctioned. When appellant was not to get any pecuniary benefit, then there was no reason to sanction loan in favour of a fake firm, which was not in existence.

S.P.Lomesh in cross-examination admitted that loan files were handed over to him on 15.5.1984. IO stated that for the first time, he came to know about the missing file on 11.6.1985. Appellant had left the charge on 15.5.1984. Record was handed over to S.P.Lomesh. After the charge was handed over to S.P.Lomesh, then he was responsible for the missing record. Without record, nothing to presume that all the documents were blank. Before deposit of loan amount with interest, no case was registered against the appellant. So, at the time of deposit of payment, appellant cannot presume that in future, case is to be registered against him and to avoid criminal liability, deposit payment in the bank through guarantor. After deposit of entire payment with interest, FIR got registered simply on the allegation that loan was sanctioned in favour of a fake firm. S.P.Lomesh in examination-in-chief stated that loan was sanctioned by the appellant but admitted that draft was issued by B.B.Bhatia in favour of M/s Naveen Engineering and Chemical Industries. S.P.Lomesh admitted that D.R. Chauhan was the father-in-law of the appellant. He was serving as DSP in CBI. Suggestion was given to S.P.Lomesh that he had received summons from CBI and he had contacted D.R.Chauhan, father-in-law of the appellant. That means, secret enquiry was being conducted by CBI against S.P.Lomesh and to protect him, he had contacted father-in-law of appellant through appellant but when appellant refused to oblige S.P.Lomesh, then S.P.Lomesh stated that loan file of M/s Paul Industries was missing. When loan file of M/s Paul Industries was handed over to S.P.Lomesh, then he was to produce the same before the CBI. In the absence of original documents, it is very easy to say orally that loan was sanctioned in the name of fake firm.