STATE TIMES NEWS
JAMMU: Special Judge Anticorruption (CBI Cases) J&K Jammu Vinod ChatterjI Koul framed charges u/s u/s 120-B r/w 420, 468,471 RPC and 5(2) r/w 5(1)(d) of J&K Prevention of Corruption Act 2006 against Tilak Raj Dogra the then Chief Manager, Bank of Baroda, Gandhi Nagar, Des Raj Patwari, Jaswant Singh and Said Mohd for fraud with the Bank.
Briefly stating facts of the case are that Said Mohammed s/o Nazim Din approached Bank of Baroda Gandhi Nagar Jammu for loan of Rs. 24.87 lacs for setting up of a new Bee Keeping Unit at Birpur, Jammu sponsored by KVIC under REGP and the borrower got prepared a forged project report from Suresh Ajit and Associates, Gandhi Nagar, Jammu to avail the said loan. The pre inspection report was prepared by Jaswant Singh, Credit Officer, Bank of Baroda, Gandhi Nagar, Branch Jammu on 15.6.2007 in which he projected requirement of the borrower for term loan as Rs. 21.37 lac against the borrower requirement of Rs. 20.12 lac and working capital of Rs. 3.50 lac. It was falsely mentioned by him that the proposed loan was secured by mortgage of commercial land measuring 5 kanals worth Rs. 46 lac, whereas the said land was not commercial land and it was a running nalla and he recommended sanction of Term Loan of Rs. 21.37 lac and Cash Credit Limit of Rs. 3.50 lac to the borrower.
It is alleged that after preparation of the Pre-sanction Inspection Report on 15.06.2007, A3, Jaswant Singh, Credit Officer, BOB, Gandhi Nagar in connivance with the A2, T R Dogra, Branch Manager and A4, H R Phonsa valuer, obtained a Valuation Report of the property mortgaged for exact valuation of Rs. 46 lac on 17.6.2007 in order to favour the borrower in sanctioning of the loan. A2, T R Dogra had already obtained a favourable Legal Scrutiny Report from Advocate V K Chopra on 11.06.2007 and the loan was sanctioned by A2, T R Dogra, Branch Manager on 21.06.2007 and Sanction Advice dated 21.06.2007 was also issued to borrower A5, Said Mohd for Term Loan of Rs. 21.37 lac and Cash Credit Limit to Rs. 3.50 lac.
It is alleged that Sale Deed dated 05.06.2007 pertaining to land measuring 5 kanal under Khasra No: 902 min, Khata No: 293 min, Khewat No: 15 situated at Kartholi, Tehsil Samba was for Rs. 1 lac and the seller of the property was Kuldeep Singh s/o Ananta R/O Kartholi and the purchaser was said Mohd. The property was found to be a Gair Mumkin Kassi land. Navneet Gupta, independent valuer inspected the mortgaged land who in his report submitted that the property was an open land without demarcation in the form of nalla/khad where water was flowing, hence the value of land could not be assigned. It is further established that in criminal conspiracy with co-accused, a Letter No: BR/ADV/2007/145 dated 25.7.2007 was shown to be sent by T R Dogra to Tehsildar/Naib Tehsildar, Samba, through the borrower for recording the bank lien in revenue record and a forged entry of the lien dated 31.8.2007 was managed on the back of the said letter to show that the bank lien was got marked but in fact no such entry of the lien was marked in favour of Bank of Baroda in concerned revenue records. The forged lien entry on the back side of the letter was prepared by forging the signatures of the concerned Patwari and Tehsildar.
It is further alleged that Des Raj was posted as Patwari in the office of the Assistant Commissioner Nazool Jammu on 31.8.2007 and not the Patwari of Village Katholi, as such it was not his duty to make the lien entry in the revenue records and prepared the said lien report and he has forged the said lien report as confirmed by the J&K FSL, Srinagar vide Report No: FSL-139-Doc-Sgr dated 26.11.2014. As such he has committed the offences which were not part of his duties. The entire limit of Rs. 3.50 lac was withdrawn in cash from CC A/C on 22.9.2007 and 27.9.2007 and virtually there was no transaction in the account. The account became sticky from the beginning itself and from the term loan entire limit of Rs. 20.12 lac was withdrawn through one entry on 21.6.2007 and credited to SB A/C No:01/5338 in the name of borrower A5, Said Mohd against all banking norms. A5 got prepared a banker cheque for Rs. 21.37 lac from his Saving Bank Account in the name of M/s Hilly Bee Keeping and credited to account of M/s Hilly Bee Keeping maintained in J&K Bank.
It is further alleged that there was a clear cut criminal conspiracy among, Des Raj Patwari, T R Dogra, Jaswant Singh, Said Mohd and V K Chopra Advocate ( since expired) and cheated the Bank of Baroda to the tune of Rs.24.87 and in pursuance of said conspiracy the concerned bank officials abused their official position and wrongly inspected, appraised, sanctioned and disbursed a loan of Rs. 24.87 lac to A5 Said Mohammed without securing the sanction and disbursed loan. On conclusion of the investigation CBI found commission of offences punishable u/s 120-B r/w 420, 468,471 RPC and 5(2) r/w 5(1)(d) of J&K Prevention of Corruption Act 2006 established against the accused and presented the challan.
