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48. PW­21 Sh. Inderjeet Nigam, deposed that he was posted as Dy. Manager in Bara Hindu Rao branch of PNB from 18.12.2006 to 05.08.2010. PW21 has proved the statement of account of A/c No. 0155002100111937 in respect of Hindustan Biotech Corporation running into four pages vide Ex. PW21/A1 to A4 and the certificate under Banker's Book of Evidence Act in respect of this statement as Ex. PW21/B. He (PW21) also proved the copy of Bill Purchase Register and the certificate annexed thereto as Ex. PW21/C1 to Ex. PW21/C26 and Ex. PW21/D respectively. PW21 has also proved the account opening form of Hindustan Biotech Corporation in respect of account No. 0155002100111937 vide Ex. PW21/E, Customer Master Form bearing photograph of Dr. Chander Shekhar vide Ex. PW21/E1. Photo copy of the PAN Card in the name of Dr. Chander Shekhar was also proved by him vide Ex. PW21/E2. He further deposed that Dr. Chander Shekhar had submitted profile of M/s Medical Equipment Consultants along with the application form and proved the application form as Ex. PW21/F and profile as Ex. PW21/F1. The proposal mooted on the basis of PW21/F and Ex. PW21/F1 and it was sanctioned and accepted vide Ex. PW21/G. During the consideration of cash credit limit, the confidential reports Ex.PW21/H and PW21/J were called from M/s Jammu & Kashmir Bank Ltd and Bank of Maharashtra respectively. He also deposed that Rs. 18,000/­ towards processing fee and documentation charges and an amount of Rs. 200/­ towards stamp paper were debited from the CC A/c No. 0155008700001344 of Dr. Chander Shakher vide debit memos Ex. PW21/K and Ex. PW21/L. He also proved the verification report Ex. PW21/M submitted by him. The computer generated statement of account in respect of CA No. 0155002100111928 of M/s Medical Equipments Consultants is Ex. PW21/N1 to Ex. PW21/N26 and the certificate is Ex. PW21/N27. The computer generated statement of account in respect of CA No. 0155002100111937 of M/s Hindustan Biotect Corporation from the period 18.09.2006 to 27.06.2008 is Ex. PW21/O1 to Ex. PW21/O26 and the certificate is Ex. PW21/O27. The computer generated statement of account in respect of Cash Credit Account No. 0155008700001344 of M/s Medical Equipments Consultants from 18.09.2006 to 27.02.2008 is Ex. PW21/P1 to Ex. PW21/P12 and the certificate is Ex. PW21/P13. Similarly he also proved the computer generated statement of account in respect of Overdraft A/c No. 0155009600000028 of M/s Hindustan Biotech Corporation from 29.09.2006 to 27.02.2008 as Ex. PW21/Q1 to Ex. PW21/Q10 and the certificate is Ex. PW21/Q11. He also proved the computer generated statement of account in respect of Overdraft A/c No. 0155009600000037 of M/s Medical Equipment Consultants from 07.10.2006 to 27.02.2008 as Ex. PW21/R1 to Ex. PW21/R10 and the certificate vide Ex. PW21/R11.

PW21 also proved the computer generated statement of account in respect of Overdraft A/c No. 0155009600000073 of M/s Hindustan Biotech Corporation from 01.01.2007 to 28.02.2008 vide Ex. PW21/S1 to Ex. PW21/S10 and the certificate vide Ex. PW9/D. He also proved the four cheques which were returned unpaid as Ex. PW21/T1 to PW21/T4 and the return memos as Ex. PW21/T5 to Ex. PW21/T8. The cheque drawn on Bank of India, Safdarjung Enclave Branch for an amount of Rs. 50 Lacs is Ex. PW21/U and its return memo is Ex.PW21/U1. Another cheque for Rs. 57,10,000 drawn on Bank of India, Safdarjung Enclave is Ex. PW21/V and its return memo is Ex. PW21/V1 and cheque for Rs. 49,55,000/­ drawn on Bank of India, Safdarjung Enclave is Ex. PW21/W and its return memo is Ex. PW21/W1. As per PW21, when the matter was reported to CBI, the total outstanding balance in the two current accounts No.21111928, 21111397 and CC A/c No. 871344 was to the tune of about Rs. 5,71,00,000/­. PW21 also stated that incumbent incharge K. K. Sinha was under an obligation to run the branch as per banking instructions and guidelines issued from time to time, who has committed various irregularities/deviations.

59. PW­32 Sh. Ravinder Kumar Jain, deposed that he joined PNB, Bara Hindu Rao Branch on 13.4.2007. Sh. K. K. Sinha was his predecessor in PNB, Bara Hindu Rao Branch and was working as Sr. Manager till 12.4.2007 when he was placed under suspension. He handed over the computer generated statement of the bills purchased for the period 18.09.2006 to 10.04.2007 running into 45 pages to the CBI along with requisite certificate under Banker's Book of Evidence Act. The statement and the certificate are proved as Ex. PW­32/A1 to PW­ 32/A45 by PW32. He further stated that departmental proceedings were initiated against Sh. K. K. Sinha and he ( PW32) was nominated as the Presenting Officer to represent the bank in the disciplinary proceedings. He was not knowing K.K. Sinha prior to 13.04.2007. The amount received in the bank on account of certain instruments and not finalized was kept in sundry deposit account. The statement of account related to sundry deposit accounts of Bara Hindu Rao Branch for the period 01.08.2006 to 30.04.2007 running into three pages duly certified by him is Ex. PW­32/B1 to Ex. PW­32/B3. The certificate in respect of the statement is Ex. PW­32/C. In CC account no. 1344, high value cheques exceeding Rs. 04 lacs were purchased from 02.11.2006 to 22.02.2007 which are reflected in statement of account Ex. PW­32/P1 to Ex. PW­ 32/P12. The property at Chandigarh was mortgaged in this account. However, there is no document reflecting the physical visit of the bank officer as spot verification while sanctioning the loan. PW32 had handed over the deviation register Ex. PW­32/D to CBI which was seized by CBI vide seizure memo Ex. PW11/1. As per PW32, the branch head is to make the deviation entries in this register as it is only the branch head who can make deviations and put his signatures against that entry. Very few entries starting from 04.01.2007 to 22.03.2007 have been recorded in this register in respect of the account maintained by Dr. Chander Shekhar in PNB, Bara Hindu Rao Branch. The entries pertain to the period 21.11.2006 to 22.03.2007 bear the signatures of Sh. K.K. Sinha. The cash credit limit of Rs. 68 lacs was secured by primary security consisting of stocks and book debts of the firm and collateral security consisting of H.No.1324 (20% share), 2nd floor, Sector 34­C, Chandigarh having value of Rs. 1.02 crores as reflected in Annexure II of confidential report Ex. PW­31/C. Sh. K. K. Sinha had also issued a certificate dated 15.09.2006 in respect of realizable value of the property. Annexure II is Ex. PW­32/E and the certificate is Ex. PW­32/F. The bank also obtained legal opinion cum search report dated 28.08.2006 Ex. PW­32/G from Sh. Surender Chandana Advocate regarding the property. The valuation report dated 05.05.2007 Ex. PW­32/H is in respect of property i.e. Flat No. 9691, Sector C, Pocket­9, Vasant Kunj, New Delhi and the valuation report Ex. PW­32/J is in respect of flat No. 9430, Sector C, Pocket­9, Vasant Kunj, New Delhi. He (PW­32) also visited all these properties along with other bank officers. All these properties were in possession of Dr. Chander Shekhar but he was not available there at the time of their visit to these properties. Fresh legal opinion Ex. PW­32/K1 to Ex. PW­32/K3 was also obtained from the approved advocate Sh. Kapil Sharma in respect of all these three properties. At the time of opening of cash credit account in the name of M/s. Medical Equipments Consultant, Dr. Chandra Shekhar had signed the agreement in form PNB 222 which is Ex. PW­32/L.