BHASKAR BANERJEE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The revisionist herein is an advocate who has been fastened with a criminal liability under sec. 420, 468, 471, 120B of IPC for providing false and improper legal advice which was instrumental in sanction of a bank loan to a company which turned NPA.

(2.) Petitioner filed this application under sec. 401 read with sec. 482 of the Code of Criminal Procedure, 1973 praying for quashing of proceedings in GR Case No. 4105 of 2013, arising out of Central Bureau of Investigation, Enforcement Offences Wing, Kolkata Case No. RC 07/E/011-Kolkata dtd. 16/12/2011 under Sec. 420, 468, 471 read with sec. 120B of the Indian Penal Code, pending before Learned Metropolitan Magistrate 22nd Court at Kolkata.

(3.) Mr. Partha Das Chowdhury and Smt. Baisali Mukherjee the two directors of Emotions Infomedia Private Limited applied for cash credit loan facility before Opposite Party no.2/ Bank. The petitioner an empanelled advocate of IDBI Bank/ Opposite Party no.2. prepared a favorable Search Report on the basis of two Title Deeds of immovable property produced as collateral security and cash credit accommodation was sanctioned in favour of the said company. The Opposite Party no.2/bank initially sanction a loan of Rs.100.00 lakhs on 15/7/2008 in favour of the company against current and fixed assets of the company and on Collateral security by mortgage of the immoveable property, purportedly owned by Jitendra Nath Biswas. Title Deeds bearing no. 3441 of 1961 and 558 of 1964 in the name of Jitendra Nath Biswas were deposited with the bank in respect of 5.37 acres of land situated over various plots. Jitendra Nath Biswas also submitted false and forged Record of Rights (porcha) and Rent receipt in his name. For enhancement of loan limit the Chartered Accountant prepared false and fabricated Balance Sheet for submitting before the Bank. Whereas the Balance Sheet for ROC showed sales turnover as only 35 lakhs, another Balance sheet of the accused company deposited with IDBI dishonestly showed inflated sales turnover of Rs.335.00 lakhs. The petitioner as an advocate for the bank after considering the documents submitted a search report on 12/8/2008 on the basis of a report prepared by the Krishnendu Chakraborty, a junior advocate.