VINOD TRISHAL Vs. CBI THROUGH SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) FACTS , in brief, are that an FIR was lodged on 24.2.2010 against ten known persons including the present applicant and some other unknown persons for the offence allegedly committed by them during the period 2003 to 2009. Investigation was conducted by the Central Bureau of Investigation (CBI), which ended into submission of the impugned charge -sheet against the applicant Vinod Trishal amongst other, persons. Vinod Trishal is a Delhi based Advocate practicing there at Tis Hazari Courts. He was an Empanelled Advocate of Oriental Bank of Commerce. An equitable mortgage of different properties for the sanction of the loan and cash -credit limit was created in favour of the said bank. As per the averments made in the FIR, the Regional Office of the said bank, on the basis of the recommendation of the branch office, enhanced the limit vide sanction letter dated 25.10.2006. Accordingly, the bank guarantee and cash -credit limit were enhanced to the tune of Rs. 550.00 lacs and Rs. 100.00 lacs respectively. A Non Encumbrance Certificate dated 28.11.2006 was given by Vinod Trishal regarding the property which was situated in Delhi.

(2.) APPLICANT petitioner, in person, has argued that it is evident on the face of the record that he gave the said Non Encumbrance Certificate after more than a month of the sanction already accorded by the bank on 25.10.2006. Attention of this Court was also drawn towards the opinion, given by the applicant petitioner to the bank, which is contained at page 23 of the petition and the same is reproduced below:

(3.) ATTENTION of this Court was also drawn towards page 82 of the petition, on the basis of which it has been submitted that whatever amount was taken by M/s V.K. Aggarwal, & Co. had been returned to be bank except the secured loan obtained on the basis of bank guarantee to the tune of rupees eighty two lakhs, and no other bank dues are pending towards M/s V.K. Aggarwal & Co.