CENTRAL BUREAU OF INVESTIGATION Vs. CHETAN RAMNIKLAL SHAH

JUDGEMENT

(1.) By this revision petition, the petitioners takes exception to the judgment and order dated 13th March 1998 passed by the learned Special Judge, CBI, Greater Mumbai, discharging the respondent no.1.

(2.) The facts in brief are that the respondent no.1 (hereinafter referred to accused No.2) is the co-owner and landlord of the property in question. Oriental Bank of commerce (hereinafter referred to as the bank) negotiated with the accused no.2 for renting his premises. After negotiations the bank agreed to take on rent the premises at the monthly rent at Rs.15/- per sq.ft. of the built up area, both the ground as well as the first floor. By its letter dated 7-4-1987 informed the accused no.2 that the bank agreed to all the terms and conditions subject to the final sanction by the Board.

(3.) It appears that in the meanwhile accused no.2 started demanding increase in the rent. Mr. S. N. Malhotra, the Dy. General Manager of the bank, alleged ny in criminal conspiracy with the accused no.2 and dishonestly, recommenced the revised proposal for taking the premises on rent at the higher rate of Rs.26/- per Sq.foot per month for the ground floor and Rs. 20/- per Sq. ft. for the first floor. Furthermore, in the revised proposal according to the bank the total area of the premises was inflated by adding by 310 Sq. ft. Thus, the bank was put to a recurring loss of about Rs.6,200/- per month on account of the increase in the area and Rs.6 lakhs per annum on account of increase in the rent. According to the bank, Mr. Malhotra dishonestly obtained revised certificate of the built up area of 1587 Sq. ft. and 2009 Sq. ft. for the ground and first floor area and also recommended payment of higher rent, contrary to the guidelines of the Reserve Bank of India. The bank took the premises on rent on the basis of the revised fraudulent proposal put up Mr. Malhotra and took possession of the premises on 2nd July 1989. The bank continues to be in possession of the premises till today.