KAUSHIK CHATTERJEE Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition by Kaushik Chatterjee under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 452 dated 14.09.2018 under Sections 120-B, 34, 406, 408, 420 IPC registered at Police Station Civil Lines, Gurgaon and all subsequent proceedings arising therefrom.

(2.) Facts relevant for the purpose of decision of the present petition; that the petitioner has come with the plea that he has been falsely implicated in this case. Petitioner had joined M/s Capri Global Capital Limited, the complainant-company (for short, "the Company") as its Group Chief Risk Officer on 4.8.2016 and resigned on 30.07.2018. During that period, Anant Saxena, promoter of M/s Zillion Infraprojects Pvt. Limited had applied for business loan for purchase of commercial property. The said application was completed by the Sales department of the Company after meeting the customer. There were two separate valuation reports regarding Unit No. 709. Report was also obtained from empaneled law firm, namely, M/s Narang and Associates for funding the property. The meeting and personal discussion with the borrower was conducted by Sandeep Arora, Zonal Credit Head - North jointly with Mayur Teredesai (Head of Credit) and Dahanveer Singh, Regional Sales Manager-Delhi and they had done the documents verification and on the basis of reports available, made recommendation and on that basis, the petitioner approved the proposal which is a formal procedure in normal course of business.

(3.) After the formal and final approval of the loan, there was a discussion on the legal flow confirmation of title of the property and the property was again visited by Deepak Dixit, Area Technical Manager - Delhi who was responsible for the final clearance of the property. The loan agreement was entered into between the borrower, i.e., Anant Saxena and the Company, i.e., M/s Capri Global Capital Limited. The disbursement of the loan was processed by Operations department which does not report to the petitioner in its capacity as Chief Risk Officer.