MANOHAR LAL VIJ Vs. CBI

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. seeking quashing of RC No.DAI -2003(A) -0049 registered with PS CBI/ACB/New Delhi as well as the chargesheet and the criminal proceedings pending pursuant thereto against the petitioner, in view of the compromise entered into between petitioner and respondent No.2 -Bank in civil litigation. Alongwith the petition, the petitioner has also annexed the copy of the FIR and the chargesheet.

(2.) NOTICE .

(3.) AS per CBI, on the basis of internal valuation report dated 23.02.2001, respondent No.2 -Bank filed a complaint with CBI, ACB against the petitioner and other accused persons resulting in registration of FIR No. RC -DAI -2003 (A) -0049. In the chargesheet, apart from other allegations, the main allegation is that in pursuance of the criminal conspiracy Shri Vijay Manchanda, partner, SLF Housing Company, C -1, Ambedkar Road, Ghaziabad, executed a sale deed in favour of M/s. SLF India Ltd. through Shri B.R.Bajaj, S/o A.L.Bajaj regarding a plot measuring 25 sq. Yards situated at C -1, Ambedkar Road, Ghaziabad on 09.06.1998 and after that by adding figure "9" before 25 sq. yards, the size of the plot was changed to show it measuring 925 sq. yards. Investigation further revealed that in pursuance of the said criminal conspiracy Shri V.P.Aneja, approved Valuer, evaluated the said plot on 11.06.1998 and as per his report he evaluated the said property to be of Rs.64,75,000/ - @ Rs.7,000/ - per sq. yds. The said valuation was falsely done is established from the fact that subsequently at the time of filing the suit before DRT, when valuation of the said property was done by Sh.J.P.Verma approved Valuer then he specifically mentioned that the value of the said property stated in the sale deed should be considered as ,,NIL as the plot mentioned in the sale deed did not exist at the site. Moreover, as mentioned earlier the sale deed of the said property submitted to bank was executed on 9.6.1998 at a premium of Rs.2,19,500/ - and on 11.06.1998 i.e. after three days how a property could be evaluated to be of Rs.64.75 lakhs which shows that Shri V.P. Aneja, the valuer was in league with Sh. M.L.Vij and Shri S.C.Gupta and falsely evaluated a non -existing property at Rs.64.75 lakhs. Similarly, Shri Anil Sharma, Advocate also submitted non -encumbrance certificate dated 21.07.1998 wherein he certified that the said non - existing property is free from all encumbrances. It was established during investigation that as per the record of Sub -Registrar, Ghaziabad, the area of the said property was only 25 sq. yds and the sale deed was executed at a valuation of Rs.2,19,500/ -.