BALKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Crl. Misc. No. 21561 of 2015

(2.) As per the prosecution case, on April 29, 2006, a complaint written by Mr. P.C. Bansal, Branch Manager, Canara Bank, Kaithal was received in Police Station, Pundri, alleging that accused approached the complainant - Bank with application dated May 16, 2005 for grant of KCC limit of Rs. 4 lac and claimed that he is owner of agriculture land measuring 95 kanals 2 marlas situated within the revenue estate of village Fatehpur, District Kaithal vide jamabandi for the year 2000-01. The complainant asked the accused to get prepared his legal scrutiny report from panel Advocate which was prepared by Mr. C.S. Gupta, Advocate, on the basis of documents and affidavit submitted by the accused. On May 24, 2005, accused also executed a mortgage deed in favour of the bank, which was registered on May 24, 2005 vide registration No. 2021 dated May 24, 2005, registered with the office of Sub Registrar, Pundri. Accused also submitted a letter signed by the concerned Halqa Patwari regarding marking of lien in favour of bank regarding the loan amount of Rs. 4 lac against his alleged property in the revenue record on May 24, 2005. In consideration of execution and registration of the mortgage deed of aforesaid agricultural land as security towards loan amount and also execution of other loan documents in favour of the bank by the accused, complainant sanctioned KCC limit of Rs. 4 lac in favour of accused for the purpose of crop loan. The part of KCC limit of Rs. 3 lac was disbursed on May 28, 2005 and remaining balance of Rs. 1 lac was disbursed on May 30, 2005. On April 6, 2006, complainant received an anonymous telephonic call informing that accused Balkar has fraudulently availed the loan as he did not own the land. The bank verified the details of land holding from the office of Halqa Patwari and came to know that the land record produced in the bank was fake and forged. SMD was also verified from the office of Sub Registrar, Pundri and it was found that fake registration No. 2021 dated May 24, 2005 had been printed and even signatures of Sub Registrar, Pundri were denied by the office of Sub Registrar. The officials of complainant - Bank contacted the accused to repay the entire loan amount with interest i.e. Rs. 4.39 lac due towards him but he failed to do so. Accordingly, the accused is alleged to have committed the offence of cheating, forgery, breach of trust and criminal conspiracy.

(3.) On the basis of the aforesaid complaint, FIR in question was registered. Accused was arrested. After completion of investigation, challan against the accused was presented in the court of jurisdictional Magistrate. He was supplied the copies of police report and other documents appended therewith as required under Sec. 207 Crimial P.C., free of costs.