ASHUGHOSH KUMAR NIRMAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By this order, I shall dispose of the present revision petition U/s 397 Cr.P.C R/w Section 401 Cr.P.C R/w Section 482 Cr.P.C. filed by the petitioner seeking setting aside of the impugned order on charge dated 23.11.2019 and the charge dated 21.12.2019, passed by Ld. Spl. Judge CBI, Rouse Avenue Courts, New Delhi.

(2.) In brief, it is stated that petitioner is a registered valuer and is running his sole proprietorship firm in the name and style of M/s Satguru Valuers. According to the prosecution, Raj Kumar Karanwal, is the Director of M/s Lancer Healthcare Pvt. Ltd. and proprietor of M/s R.S. Distributors and Manish Kumar Karanwal is the Director of M/s Lancer Healthcare Ltd. and proprietor of M/s Manish Kumar and Company. In the month of February 2013, Raj Kumar Karanwal met one Y.P. Singh, Chartered Accountant and there they discussed the matter of loan to Raj Kumar Karanwal from some banks. Sometime in the month of March, 2013 Raj Kumar Karanwal, Y.P. Singh and S.K. Verma discussed the matter of loan in the office of Raj Kumar Karanwal who informed them about his various CC Limits and deposits of his various properties title deeds with the banks.

(3.) The allegations in the charge sheet against the petitioner Ashugosh Nirmal, M/s Satguru Valuers, Delhi, on Panel Corporation Bank are that the property of Karanwal's were assessed by him vide valuation report No. SV/IP/CB/166/13 and SV/IP/CB/166/16 even before the actual application by Karanwal's was moved to Corporation Bank, Vasant Vihar, New Delhi. The petitioner claimed that he had prepared the valuation report on the asking of Corporation Bank, Branch Manager, Aali Gaon but the record shows that report was never deposited with Aali Gaon and was deposited in Vasant Vihar Branch of the bank. It is also alleged against the petitioner that the properties valued for mortgage against combined loan for M/s Lancer Healthcare Pvt. Ltd., M/s Manish Kumar and company and M/s R.S. Distributors were Plot No. 1, 2, 3 and Nagar Nigam No. 4729, Village Nasarpur, Pargana Loni, Tehsil and District Ghaziabad UP on which Ruby Hotel and Banquet is constructed. It is alleged that M/s Satguru Valuers falsely exaggerated/inflated the value and valued the properties at Rs. 42,71,60,100/-. It is further alleged that another property Plot No. 1/18, First Floor, Kirti Enclave, Model Town, Tehsil and District Ghaziabad (flat) was also falsely exaggerated/inflated by the petitioner and he valued the same at Rs. 84,94,200/-. Therefore, it is alleged against the petitioner, who is the proprietor of M/s Satguru Valuers that he joined conspiracy with co-accused Raj Kumar Karanwal and others and facilitated him to take loan illegally by highly inflating the value of the properties offered by co-accused Raj Kumar Karanwal against the CorpVyapar OD Limit Loan in the name of M/s Lancer Healthcare Pvt. Ltd., M/s Manish Kumar and Co. and M/s R.S. Distributors, from Corporation Bank.