RAM BILASH MANDAL Vs. SUPERINTENDENT OF POLICE, CBI

JUDGEMENT

(1.) HEARD Mr. Pardeep Hairiya, Advocate for the applicant and Mr. Arvind Vashishtha, Advocate for the respondent.

(2.) BY means of this petition, moved under Section 482 of Cr.P.C., the petitioner/applicant has sought quashing of the charge sheet as well as the summoning order dated 25.6.2010 passed by Special Judge, Anti -corruption, CBI, Dehradun, in CBI case No. 7 of 2010, CBI v. N.C. Arya and Ors., under Sections 120B, 419, 420, 467, 468, 471 of IPC r/w 13(2), 13(1)(d) P.C. Act.

(3.) LEARNED Counsel for the applicant argued that the applicant has been falsely implicated in the said case and he has no concern whatsoever in the matter. Contrary to this, learned Counsel for CBI argued that in the charge sheet the applicant Ram Bilash Mandal has been mentioned as an accused at serial No. 4 and in the said charge sheet it is alleged that the loan for Rs. 7.8 lacs has been sanctioned and disbursed to Sudarhshan Kumar, Nawal Rajoria and Nanda Rajoria as the borrowers for purchase of a house situated in Talli Haldwani, D -Class Haldwani from the applicant Ram Bilash Mandal. The sale deed has been shown executed between Sudarhshan Kumar, Naval Rajoriya and Ram Bilash Mandal. It is further alleged that the sale deed has actually been executed by one Virendra Pratap Singh @ Boby by forging the signatures as Ramvilash Mandal. The loan amount of Rs. 7.28 lacs was sanctioned on 11.3.2006 to the borrowers and was disbursed on 13.3.2006 through loan account No. 09670600000190 from which bankers cheque No. 431411 for Rs. 7.25 lacs in favour of the applicant was issued and the remaining amount of Rs. 55,000/ - was credited in the saving bank account No. 09670100007512 of Sudarshan Kumar (borrower), in violation of the housing loan scheme, as the entire loan amount is to be disbursed in favour of the seller only in case of outright purchase of the property. It has been further alleged that the banker cheque No. 431411 for Rs. 7.25 lacs was credited on 17.3.2006 in account No. 18490100002791 of Bank of Baroda, Naveen Mandi, Haldwani in the name of the applicant, whereas he has sold his property to one Gopal Singh Bisht. The above facts revealed that the loan amounting to Rs. 7.80 lac was misappropriated by way of withdrawal of money and submission of the fake sale deed to the bank.