RADHEY SHYAM Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) THE challenge is to the order dated 20th August, 2014 passed by the Debt Recovery Appellate Tribunal (DRAT, for short) affirming the finding recorded by the Debt Recovery Tribunal (DRT, for short) in OA No. 15/2005 and SA No. 40/2008 vide order dated 22nd April, 2013.

(2.) PUNJAB and Sind Bank had initiated recovery proceedings in OA No. 15/2005 before the DRT against M/s. Leather Makers, sole proprietorship of one Arvind Kumar, Seema wife of Arvind Kumar as a guarantor and the petitioner herein -Radhey Shyam. Radhey Shyam, it was asserted had created an equitable mortgage by deposit of title deed of property No. 681, Pocket -II, Paschim Puri, New Delhi for the credit facilities granted to Arvind Kumar/M/s. Leather Makers. The said mortgage was confirmed by letter dated 2nd February, 2002. The total amount due and payable as claimed by the bank in the original application was Rs.25,45,042/ -.

(3.) THE defence set up by the petitioner in the written statement was that he had taken a loan in October 1998 from the Indian Overseas Bank, Janak Puri branch, New Delhi with the help of one of his relatives Rajpal, who also knew the said Arvind Kumar. The petitioner had deposited the original title deed of the property with Indian Overseas Bank, Janak Puri branch. The petitioner relied upon a private criminal complaint filed by him in the year 2004 against Rajpal, Arvind Kumar, Seema and the Manager of Indian Overseas Bank and the Manager of Punjab and Sind Bank making similar allegations. The Manager of the two banks, were not identified by name and other details. In the complaint proceedings, pre -summoning evidence was recorded and summons were issued by the Metropolitan Magistrate by order dated 12th February, 2008. The said order records that the complainant has levelled allegations regarding cheating, forgery, criminal breach of trust and criminal conspiracy and the Metropolitan Magistrate did not have any option but to accept the version of the complainant, i.e., the petitioner and his witnesses.