AMARJIT SINGH GREWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - The present revision petition filed by Amarjit Singh Grewal (hereinafter described as 'the petitioner') is directed against the order passed by the Special Judge, CBI, Patiala dated 8.8.1994. By virtue of the impugned order, the learned Special Judge directed the charge to be framed against the petitioner and for him to be tried.

(2.) THE relevant facts of the prosecution case are that petitioner opened a saving bank account No. 8472 in the Punjab and Sind Bank, Nabha on 25.4.1986. He was introduced by G.S. Sidhu. There was a credit balance of Rs. 1,23,000/- in the said account on 29.5.1986. The petitioner is alleged to have conspired with G.S. Sidhu who sanctioned six crop loans of Rs. 25,000/- each in the name of the petitioner, his family members and the employees. The loan applications were passed by Shri G.S. Sidhu and amount of Rs. 1 lac was credited in his account No. 8472 and the amount of Rs. 50,000/- was credited to the saving bank account No. 8573 which was opened on 29.5.1986 in the name of Capt. Rattan Singh. Thereafter two drafts were issued on 29.5.1986 for an amount of Rs. 2,50,000/- and Rs. 1 lac from two accounts favouring Gurdial Singh at Chandigarh payable at Punjab and Sind Bank, Sector 17. The amounts of the drafts were utilized by the petitioner for the purchase of a house at Chandigarh. It is alleged that petitioner was not engaged in agricultural trade but was running a private school. In connivance with G.S. Sidhu, he obtained six crop loans for Rs. 1,50,000/- and utilized the same for the purchase of immovable property. It is also alleged that petitioner submitted two cheques for Rs. 51,000/- and Rs. 50,000/- drawn at Grindlays Bank, Darjeeling. The same were taken by Shri G.S. Sidhu. The amount was credited in the account of the petitioner i.e. Rs. 1,08,000/-. It was passed through Shri G.S. Sidhu. The two cheques were sent for payment to Grindlays Bank, Darjeeling. They were received back as unpaid as there was no amount in the account of the petitioner. G.S. Sidhu did not take any action to realise the amount from the petitioner. In this process, it is contended that petitioner alongwith G.S. Sidhu defrauded the bank to the tune of Rs. one lac in criminal conspiracy with each other.

(3.) THE contention of the petitioner is that he was the Principal of Public School, Nabha. He decided to sell his house at Chandigarh and to purchase a new house in the same city. The petitioner sold his house for about Rs. 4 lacs. The cost of the new house was about Rs. 5.5 lacs. In order to make up the deficiency, the petitioner wanted to avail of the loan facility. The daughter of Shri G.S. Sidhu was a student of Punjab Public School, Nabha. Shri G.S. Sidhu was the Manager of Punjab and Sind Bank, Nabha. Shri Sidhu informed the petitioner that he could sanction loans upto Rs. 1.5 lacs by giving six loans of Rs. 25,000/- each in different names. The petitioner was handed over six blank printed forms by the Manager for signatures. The petitioner signed the same and got five forms signed from his family members and relatives. They were handed over to Shri Sidhu. A joint account was opened by the petitioner in the name of his father and himself. Rs. 4.5 lacs were deposited. On 21.5.1986 petitioner entered into an agreement for purchase of a new house at Chandigarh. On 29.5.1986 drafts amounting to Rs. 3.5 lacs were given as payment towards purchase of the new house. On the same day a sum Rs. 1.5 lacs from the loan amount was received and deposited. The petitioner repaid the loan and has cleared the same. In this process it is claimed that no case is drawn against the petitioner.