AMRESH KUMAR MISHRA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) AMRESH Kumar Mishra, the petitioner herein vide this petition under Section 482 CrPC is seeking setting aside of the order dated 08th January, 2010 of learned Special Judge, CBI, New Delhi whereby he dismissed the application of the petitioner under Sections 219 & 220 of the Code of Criminal Procedure seeking consolidation and joint trial of three cases being corruption cases Nos. 98/08, 105/08 & 108/08. The petitioner has also prayed for directions to the learned Special Judge to consolidate aforesaid corruption cases and conduct joint trial of those cases.

(2.) BRIEFLY put, facts relevant for disposal of the plea of the petitioner is that pursuant to the investigation of case RC No. 1(E)/2007/EOW-II/DLI registered on 23rd August, 2007 in EOW Cell, CBI, charge sheet being corruption case No. 98/08 was filed in the court of Special Judge on 16th December, 2008 under Sections 120B, 419, 420, 467, 468, 471 IPC & Section 13(2) read with Section 13(1)(d) of P.C.Act, 1988 against 10 accused persons namely Manoj Kumar Sharma, K.B. Nandwani, Ravi Bhushan Roy, (Valuer), R.K.Joshi, (the then AGM, UCO Bank), Amresh Kumar Mishra (petitioner), Ramji Mishra, Parveen Kumar, Swadesh Kumar Mishra, Anandji Mishra and Shiv Kumar Sharma.

(3.) BRIEF allegation in the said charge sheet are that M/s. Sati Exim Pvt. Ltd. was sanctioned a credit limit of ` 70 lakhs as Advance Against Foreign Bill under Course of Collection (ABC) and an overdraft limit of ` 25 lakhs on 13.12.2004 by R.K.Joshi, AGM, UCO Bank, High Court Branch, New Delhi against collateral security of property situated at Varanasi, purportedly in the name of Shiv Kumar Sharma valued at ` 2.01 crores as per the valuation report dated 13th August, 2002 of the valuer J.P.Srivastava. The said property though mentioned in the sanction letter dated 13.12.2004 was not in the name of M/s. Sati Exim Pvt. Ltd. or its director Shiv Kumar Sharma on the date of the sanction of limit and ABC. The property was purchased on 10th January, 2005 in the name of director of the company Shiv Kumar Sharma. It is alleged that the bank officials in criminal conspiracy with the private persons released ` 70 lakhs to M/s. Sati Exim Pvt. Ltd. on 15 th December, 2004 as advance against four fake and forged export bills submitted by the company without creation of mortgage and acceptance of the terms and conditions stipulated in the sanction letter. In fact, on 15th December, 2004, the bank officer had already allowed overdraft of ` 69,89,155/- lakhs in the current account of the company. It is further the case of prosecution that credit limit of the company was enhanced to ` 180 lakhs (ABC) on 27 th February, 2005 as against the earlier sanctioned limit of ` 70 lakhs (ABC) and ` 25 lakhs (Overdraft), by extension of equitable mortgage of the said property at Varanasi mentioned in the sanction letter dated 13 th December, 2004. The bank officials neither conducted any physical verification of the said property nor got it verified from the local branch of the bank. It is also the case of the prosecution that after 15 th December, 2004, the Director of M/s. Sati Exim Pvt. Ltd. submitted 13 fake and forged bills to the branch for collection on different dates and obtained advance payments to the tune of ` 245 lakhs while most of the bills were returned unpaid by the foreign bank resulting in wrongful loss of ` 179.94 lakhs (including interest) to the bank.