SANJAY KAPOOR Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of the bail application filed under Section 439 Cr. P. C. in case FIR No. 118/2006 under Sections 406/419/420/467/468/471 r/w section 120-B IPC registered at Police Station Rohini, Delhi. The petitioner has been in custody since 27th May, 2007.

(2.) BRIEFLY stated the facts of the case are that Sh. Siva Raman, Branch manager of the South Indian Bank Ltd. lodged a complaint that one Sanjay Kapoor proprietor M/s Sanjay Kapoor and Co. , 18-C, Janyug Apartment, Sector -14, rohini, Delhi was maintaining a current account with the bank. On 23. 09. 2000 he applied for credit facility/overdraft limit of Rs. 40 lacs by creating charge over the stock and book debts of M/s Sanjay Kapoor and Co. in favour of the bank. Sanjay Kapoor also offered a collateral security by mortgaging the property No. 53, Road No. 77, Punjabi Bagh, New Delhi shown to have been registered in the name of one Balkishan Monga. On 03. 11. 00, Sanjay Kapoor along with his father in law Shri K. C. Chaudhary and one person came to the bank and introduced him as Balkishan Monga r/o C-30, Gulmohar Park purported to be owner of the above property No. 53, Road No. 77, Punjabi Bagh, New Delhi. The alleged balkishan Monga also offered the creation of mortgage on the above property against the credit facility of Sanjay Kapoor whereas K. C. Chaudhary stood as guarantor of Sanjay Kapoor to obtain the credit facility. The alleged Balkishan monga also submitted copy of sale deed NO. 5138 dated 25. 04. 63 in his favour executed by Refugee Cooperative Housing Society Ltd. in respect of above mentioned property. Later on in the month of July 2001, Sanjay Kapoor applied for enhancement of credit limit to Rs. 65 lacs and as such on 06. 09. 01, the complainant Bank sanctioned a credit limit upto Rs. 50 lacs to Sanjay Kapoor. The necessary documents in this regard were once again executed by Sanjay kapoor, his father in law KC Choudhary and the alleged Balkishan Monga. Shri sanjay Kapoor than availed the cash credit overdraft limit (CCOL) of Rs. 46 lac (aprox.), credit on local discount cheque (LDC) of Rs. 11 lacs (approx. ). In the month of March, 2004 the complainant Bank sent notice to Sanjay Kapoor to repay the above outstanding amount but inspite of repeated demand, he did not settle the accounts. It is alleged that the present petitioner in conspiracy with other accused persons availed the CC Limit and fled away without paying the dues of bank causing a loss of Rs. 71. 03 lacs to the complainant bank on the basis of the aforesaid forged documents.

(3.) THE petitioner had also filed an application for bail before the additional Sessions Judge, who dismissed the same vide order dated 9. 7. 2008 by rightly observing that the petitioner is the direct beneficiary of the cheated amount. Considering the magnitude of the fraud no ground for bail is made out. Now the petitioner filed the present petition.