STATE TH. CBI Vs. FAYAZ AHMED GANAI

JUDGEMENT

(1.) The instant Criminal Revision has been preferred against order dtd. 1/2/2011 passed by the learned Additional Sessions Judge, Anti Corruption, Jammu in File No.48/200/Challan whereby the trial court has discharged the respondent from the charges leveled against him.

(2.) The prosecution story before the trial court was that a case was registered on the basis of written complaint of Sh. Vijay Gupta, Sr. Manager Central Bank of India, Talab Tillo Branch, Jammu. One Alamiyat Ahmed Ganai (accused No.2) had applied for loan under CENT BUY SCHEME in Central Bank of India Talab Tillo Branch Jammu. As per the application form the loanee had requested to sanction a personal consumer loan for purchasing a Scorpio Car costing Rs. 7,62,401.00. The said application was signed by applicant (accused No.2) Alamiyat Ahmed Ganai and his father Fayaz Ahmed Ganai (accused No.3) signed it as co-applicant. Alamiyat Ahmed Ganai and co-applicant Fayaz Ahmed Ganai have also submitted copies of their respective income tax returns for the assessment year 2001-02, 2002-03 and 2003-04. Proforma invoice No.5690 dtd. 31/1/2004 issued by M/s Chowdhary Motors Pvt. Ltd., Jammu in favour of Alamiyat Ahmed Ganai, the cost of the Scorpio Turbo 2.6 GLX 4WD is shown as Rs. 7,62,401.00. Receipt No.4112 dtd. 10/2/2004 for Rs. 1.5 lacs and receipt No.4124 dtd. 12/2/2004 for Rs. 35,000.00against booking of Scorpio Turbo 2.6 GLX 4WD are available in the loan file.

(3.) Accused No.1 Rajinder Koul, the then Sr. Manager Central Bank of India, Talab Tillo Branch, Jammu sanctioned a loan of Rs. 5.00 lacs on 13/2/2004 in favour of accused No.2 Alamiyat Ahmed Ganai as sanctioning authority. In column No.10 meant for security held, it is mentioned "Hyp. of Vehicle", the maker of vehicle has however not been mentioned but in Column 3 of process note, the cost of vehicle has been shown as Rs. 7,62,401.00by the borrower. The amount of Rs. 1.85 lac is shown as advanced payment made by the borrower, and out of the remaining amount of Rs. 5,77,401.00, a sum of Rs. 77,401.00 was arranged by debiting SB A/C of the said borrower maintained in the said bank. For the remaining amount of Rs. 5.00 lacs, loan was sanctioned under CENT BUY SCHEME. Thereafter a DD for Rs. 5,77,401.00 alongwith letter addressed to M/S Choudhary Motors Pvt. Ltd., was sent to the dealer without mentioning the make of vehicle to be delivered to Alamiyat Ahmed Ganai, loanee. Rs. 1.85 lacs deposited with M/S Choudhary Motors Pvt. Ltd., by the borrower and Rs. 77,401.00 withdrawn from the SB account of the borrower was treated as margin money.