LALIT KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure 'Cr.P.C.', the petitioner seek setting aside of the order dtd. 7/9/2022 passed by the learned Special Judge (PC Act) (CBI)-07, Rouse Avenue Court, New Delhi 'Trial Court' in CC No.375/2019 whereby charges were framed against the petitioner under Sec. 120B read with Ss. 420/468/471 of the Indian Penal Code 'IPC' and under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of corruption Act 'PCAct'.

(2.) Briefly encapsulated, based on a written complaint of the Deputy General Manager, Corporation Bank, Zonal Office, Delhi (South) 'Bank', an FIR bearing no. RC-09/A/2017 dtd. 21/6/2017 came to be registered wherein it was alleged that in March 2013, one Sumit Mittal, projecting himself to be the proprietor of M/s. Shree Balaji Overseas 'borrower firm', approached the Bank seeking working capital finance of Rs.600.00 lakhs. The said loan proposal was sanctioned by the Bank on 19/4/2013, stipulating hypothecation of stock-in-trade and EMG of property bearing no.A-68, measuring 138.17 sq. mtrs., situated at Pushpanjali Enclave, Pitampura, Delhi, in the name of Sh. Sat Narayan Mittal. Pursuant thereto, on 26/4/2013, the Vasant Kunj branch of the Bank disbursed a Corp. Vyapar Loan of Rs.600.00 lakhs to the account of the borrower firm.

(3.) However, during inspection certain suspicion arose. As such, the Bank initiated an internal inquiry and it was found that the loan was applied based on forged and fabricated documents, which were not verified before sanctioning of the loan, and the title documents of the property which was offered as collateral were also found to be fabricated, as also the said loan was sanctioned in violation of various Circulars and Guidelines. It also emerged that the borrower firm and its proprietor were fictitious/ non-existent, as also that the said Sumit Mittal, along with certain senior bank officials at the Vasant Kunj Branch, CCPC and ZLCC, Delhi (South), and other private person had entered into criminal conspiracy to unlawfully get a loan of Rs.600.00 lakhs sanctioned based on those false and fabricated documents. The investigation also revealed that the loan amount was siphoned out within a period of twenty days through the accounts of various fake firms opened in the name of different impersonators, companies against accommodation entries and self-withdrawal. M/s. Kabir Enterprises Pvt. Ltd. 'Company', was one of those entities which received Rs.87,50,166.00 from the loan account of the borrower firm. The petitioner herein and Mr. Shyam Lal are stated to be Director of said M/s. Kabir Enterprises Pvt. Ltd.