- (1.) Heard Sri Anoop Trivedi, Counsel for the applicant, learned AGA for the State of U.P. and Sri Anurag Khanna, learned Counsel for the CBI.
(2.) This application under Section 482 Cr.P.C. has been preferred by the Applicant Babu Lal with a prayer to quash the proceedings of Special Case No. 53 of 2011 under Sections 120B and 420 IPC and section 13(2) read with Section 13(l)(d) Prevention of Corruption Act pending in the Court of learned Special Judge (CBI), Court No. 2, Ghaziabad arising out of Regular Case No. RC 1202008A0005.
(3.) The facts in brief of this case are that the FIR has been lodged on the basis of a compLalnt No. VIG/4310/ 308/CBI289 dated 3.10.2008 sent by Sri K.B Jayaprakash, General Manager, and Chief Vigilance Officer of Canara Bank, H.O.. Bangalore addressed to Superintendent of Police, CBI. SPE. Dehradun against the applicant Babu Lal, Ashok Kumar and Satya Pal Singh. The main contents of the compLalnt are reproduced below: "The omissions and commissions committed by the above named suspects in collusion with several private persons are narrated in the following columns: 1. Sri S. Babulal was functioning as Manager at Kirthaal branch from October, 2003 to December, 2005. He was authorized and empowered to sanction among others Tractor loans upto a limit of Rs.5 lakhs. As per the said down procedures of the Bank, a Branch Manager prior to sanction of a loan has to exercise utmost caution and diligence to protect Interest of the bank and to prevent any fraudulent aver-ment/disbursal of the loans. Prior to sanction of loans, copies of land records owned by the borrowers and proforma invoice of the machinery proposed to be purchased are to be produced by the party. The true copy of the RC book, in which the lien of the Bank was noted should be obtained by the Bank within one month of the disbursement of the loan. He had to also ensure proper appraisal/identification of the borrower to assess the technical feasibility and economic viability of the proposal prior to sanction of the loan. During the aforesaid period. Sri S. Babulal had sanctioned and disbursed 22 Tractor loans amounting to Rs.105 lakhs to various borrowers. The details of the borrowers and the loan particulars are given in the Annexure enclosed with this compLalnt. Amongst others, Sri Babulal had disbursed the tractor loans in the name of unknown/deceased persons on the basis of fake and forged records. In most of the instances, the tractors in question were never purchased/delivered but forged documents were produced to make the transactions appear as genuine. Sri Babulal conducted fraudulent pre and post sanction inspections despite the fact that the persons whose names were mentioned in the loan papers had in fact not availed the loan facility and in several instances, then photographs on the loan documents do not match with the actual persons in whose names the loan have been sanctioned/ mentioned in the loan papers in some eases, even territorial scrutiny report of the Bank's empanelled Advocate pertaining to the collateral security property was found to be forged. In most of the instances, the so called borrowers denied having availed the loans and not even aware of such loan sanctioned in their names, The Tractors which were supposedly financed by the Bank were fraudulently shown to have been purchased by the borrowers indicated in the loan documents, when in fact the so called borrowers were having no knowledge of any tractor loan sanctioned/disbursed in their names. The Demand drafts for tractor loans had been allegedly handed over to the middleman instead of giving the same directly to the dealer and delivery of tractor/trailer to the borrower had not been ensured. In most of the loans. Registration Certification copy for the tractors are not obtained due to which Identification/ verification of the security is difficult, in some instances, M/s delta Farm Services, Roorkee Road, Muzaffar Nagar had received the Demand Drafts for releasing the tractors for the so called borrowers but the said firm did not supply the tractors for which it returned the consideration from the Bank. Shri Ashok Kumar and Shri Satyapal Singh, officers of Kirthal branch have processed the loan papers without conducting pre/post-sanction visits which have resulted in improper identification of bor-rowers/guarantors/co-obligants, vailing loan by way of impersonation, sanctioning of loan in the name of borrowers who are reportedly deceased and to borrowers who are not traceable. The Bank has suffered a total loss of about Rs. 1051 lakhs towards the fraudulent disbursement of the loan from Shri S. Babulal, the then Branch Manager, Sri Ashok Kumar and Shri Satyapal Singh officers, in collusion with Sri Bhushan Jain (alias) Banlya, Sri Satender (alias) Pappu Rio. Chappraull village, Sri Anand of Lahoori Village and Sri Ravinder of Chappraull village who had acted as middleman and the tractor agency M/s Delta Farm Services, Muzaffarnagar, U.P, had by abusing their official position as public servant, dishonestly and fraudulently cheated the bank to the extent of Rs. 105 lakhs by showing disbursal of tractor loans to unknown persons on the basis of fake and forged records. Thus, Shri S. Babulal and other officials by misusing their official position had extended/derived huge pecuniary advantage to Tractor Dealers/salves, unknown others and siphoned off the proceeds of the loans. Through this compLalnt, we request you to register a case against Shri S. Babulal, the then Branch Manager, Kirthal Branch. Sri Ashok Kumar and Satyapal Singh, both officers, Sri Bhushan Jain (alias) Banlya, Sri Satender (alias) Pappu of Chappraull Village, Sri Anand of Lahoori Village and Sri Ravinder of Chappraull Village, who had acted as middleman and M/s. Delta Farm Services, Muzaffarnagar, U.P. for criminal offence committed by them resulting in substantial loss to the bank. Thanking you, Yours Faithfully Sd/- K.B. Jayaprakash General Manager & Chief Vigilance Officer The above facts prima facie disclose the commission of offences punishable under Sections 120B read with 420,467,468 and 471 IPC and 13(2) read with 139(l)(d) of P.C. Act, 1988 against S/Sh. S. Babulal, the Sr. Manager, Canara Bank, Kirthani Branch, Distt. Baghpat, (U.P.) Satpal Singh and Ashok Kumar both Officers of Canara Bank, Kirthal Branch, Distt Baghpat, (UP) and Shri Bhushan Jain (alias) Banlya, Sri Satender (alias) Pappu of Chappraull village, Sri Anand of Lahoori Village and Sri Ravinder of Chappraull Village and M/s. Delta Farm services, Muzaffarnagar, U.P. (all private persons).";