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IN THE COURT OF VI ADDL. CHIEF METROPOLITAN MAGISTRATE :
HYDERABAD
Present : Smt. Harisha, VI Addl. Chief Metropolitan Magistrate Hyderabad.
Dated This The 22nd Day of April, 2019
C.C.No. 364 of 2008
Between:
State through DSP, EOW, CID, Hyderabad …….Complainant
And
A1. Mohd Abdul Muneem @ Haji Seth, S/o.M.A.Raheem, Aged 47 years, R/o.H.No.: 58323, Shalimar Gardens, Nampally, Hyderabad.
A3. Kone Venkata Naga Suri Babu, S/o.Sri Rama Murthy, Aged 41 years, Occ:Ex.D.G.M.Charminar Cooperative Urban Bank Limited, Hyderabad, R/o.504, Annapurna Residency, Vivekananda Colony, Mehdipatnam, Hyderabad.
A4. G.Sakeena, W/o.Hasan, Aged 32 years, Occ:Manager, Recoveries, Charminar Cooperative Urban Bank Limited, Mehdipatnam Branch, Hyderabad.
A8. M.A.Nayeem Zaki, S/o.M.A.Raheem, Aged 53 years, Occ:Business, R/o.H.No.: 53323, Shalimar Furniture, Nampally, Hyderabad.
*A9. Syed Hasham Ali Zaidi @ Syed Ashan Ali Zaidi, S/o.Late Syed Ali Zaidi, Aged 71 years, Occ:Business on Board of Directors, Charminar Cooperative Urban Bank Limited, Hyderabad, R/o.H.No.: 223347, Noorkhan Bazar, Hussain Mohalla, Hyderabad. (Case against A9 is abated).
A10. Mushraraf Fathima, W/o.Syed Taqui Hussain @ Tajarmul, Aged 30 years, Occ:Manager, Charminar Cooperative Urban Bank Limited (Loans), Mehdipatnam Branch, Hyderabad.
…...Accused
This case is coming before me for final hearing in the presence of learned Special Public Prosecutor for the prosecution and Sri. H. Sudhakar Rao Advocate,bcounsel for accused 1, 3 and 10 and Smt. Bhanu Chandrika, Advocate and counsel for Accused no.4 and Accused no.8 party in person after having stood over for consideration till this day, the court delivered the following:
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J U D G M E N T
1.The Deputy Superintendent of Police, EOW, CID, Hyderabad laid charge sheet against the A1, A3, A4, A8, A9 and A10 in Cr.No.08/2002 to prosecute accused for the offences punishable U/Secs. 420, 419, 468, 477A and 120B of IPC.
2.Case of the prosecution in brief is that, the Complainant/Lw1
Sri.Syed Nasir Hussain Naqvi @ Nasar Hussain, working as a Managing
Director, Charminal Cooperative Urban Bank Limited, Hyderabad, lodged report to Police stating that the outstanding loan in respect of M/s.Mumtaz &
Co., represented by A1 & A8 along with three fictitious partnership firms
M/s.Sai Baba Enterprises (A5), M/s.Royal Suppliers (A6) and M/s.Golden
Enterprises (A7), borrowed the loan amounts of Rs.3.67 Crores from the
Charminar Cooperative Urban Bank by mortgaging the title deeds of Shalimar
Gardens property owned by A1, A8 and their family members to secure all the above loans with the collusion of A2Chairman, A3Deputy General Manager,
A4Manager (Recoveries), A10Manager (Loans) of the Charminar Co operative Urban Bank. The A9 being the Director, introduced the A1, A8 to the bank as introducer. That, the A1 paid Rs.1 Crore for the adjustment of Loan accounts in one time settlement of the above four firms as per the assurance of
A2, A4 issued No Due Certificate to all the four firms without observing the
Bank formalities and rules, when there was outstanding dues of more than
Rs.2 Crore as loan and thus, all the accused with deliberate Criminal intention to cheat the Charminar Cooperative Urban Bank Limited, Hyderabad, violated the RBI guidelines while sanctioning loans to fictitious firms and issued No Due
Certificates and thus, causing undue loss to the bank.
3.Basing on the said report, a case in Cr.No.08/2002, U/Secs.120B, 3 Of 95 420, 468, 477A IPC was registered and thereafter, the CID Police examined the Lws1 to 18 and recorded their statements and thereafter, obtained the records of the four firms i.e., M/s.Mumtaz & Co., M/s.Sai Baba Enterprises,
M/s.Royal Suppliers, M/s.Golden Enterprises and original documents pertaining to Shalimar Gardens, H.No.: 58323/1 to 5, Nampally, Hyderabad (Common Document for Collateral Security) and also the documents from the
Charminar Cooperative Urban Bank Limited, Mehdipatnam & Mallepally
Branches of Charminar Bank and that as per the enquiry report of the
Managing Director, Charminar Cooperative Urban Bank Limited, that the
Charminar Bank sanctioned the following loans to the A1, A8 in the name of four firms including three fictitious firms:
Sl.No. Name of the Firm Owner of the Loan Loan
Firm Sanctioned Outstanding (Lakhs) Rs. as on 31.12.2001 Rs.in Lakhs
1.M/s. Mumtaz & Co., A1.Mohd Abdul95.0073.02 Muneem @ Haji CCA/cNo.1273,Seth, dt.12.06.98.A8.M.A.Nayeem Zakee
2.M/s.Sai Baba EnterprisesYousuf Khan97.0099.40 (fictitious)
CCA/cNo.1286, dt.30.06.98.
3.M/s.RoyalSuppliersMehdi Hasan85.0033.33 (fictitious)
CCA/cNo.1341, dt.28.08.98.
4. M/s.Golden EnterprisesMd.Siraj90.0044.87 (fictitious)
CCA/cNo.1342, dt.28.08.98.
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4.During investigation, it came into light that the firm M/s.Mumtaz & Co., represented by A1 & A8, three fictitious firms i.e., M/s.Sai Baba
Enterprises, M/s.Royal Suppliers, M/s.Golden Enterprises floated by them and the A1, A8 signed as sureties for the said three fictitious firms and that the A1 & A8 colluded with the Bank Officials i.e., A2 to A4, A9, A10, availed huge loan from Charminar Cooperative Urban Bank by mortgaging the title deeds of the joint property of A1, A8 i.e., the Shalimar Gardens, H.No.:58323/1 to 5,
Nampally, Hyderabad and also taken No Due Certificates on 18.12.2001 even when there was an outstanding loan amount has to be paid by this firms without observing the norms of Bank Rules and Regulations. The investigation further reveals that the Reserve Bank of India had informed all the Co operative Urban Banks stating that one time settlement was not made available to Cooperative Urban Banks in Andhra Pradesh during the period from 20.08.2001 to 18.12.2001. The photographs of A1, A8 were affixed on
M/s.Mumthaz & Co., loan file, photograph of Sri.Waseem, son of A1 was affixed in the place of Sri.Mohd Siraj (fictitious) on M/s.Golden Enterprise loan file, photograph of Sri.M.A.Fayeem, son of A8 was affixed in the place of
Sri.Mehdi Hasan (fictitious) on M/s.Royal Suppliers loan file and photographs of one unknown Hindu woman and male were affixed in the place of
Sri.Yousuf Khan (fictitious) on M/s.Sai Baba enterprises by the A1 & A8, which clearly shows that the A1, A8 floated these fictitious firms with the active connivance of the accused Bank Officials A2 to A4, A9 & A10. While investigation was in progress, the A3, A8, A9, A1 and A10 obtained anticipatory bails and thus, the Police effected their arrest and were released on bail and the A2 died on 26.02.2002 and the A5 to A7 were found as fictitious and the A4 was absconding. Thus, on completion of investigation, charge sheet is filed.
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5.My learned predecessor took the case on file for the offences punishable U/Secs.120B, 419, 420, 468 and 477A of IPC against A1, A3, A4,
A8, A9 & A10. On appearance of A1, A3, A4, A8, A9, A10 copies of documents as required under Section 207 Cr.P.C have been furnished to them and they were examined U/Sec.239 Cr.P.C. and they denied the allegations. The
Charges U/Secs.120B, 419, 420, 468 and 477A IPC have been framed, read over and explained to them. They pleaded not guilty and claimed to be tried.
6.The prosecution to prove its case, examined Pws1 to 22 and got marked Exs.P1 to P283. Ex. D1 is marked on behalf of accused.
7.On completion of evidence of prosecution, A1, A3, A4, A8 and A10 have been examined under section 313 Cr.P.C., and they denied the incriminating material appearing against them in the evidence of the prosecution witnesses and reported no defence. No evidence is adduced on their behalf. (Case against A9 is abated as he died).
8.Heard arguments of learned in charge Sr. Asst. Public Prosecutor for CID and learned counsels for accused No. 1,3,4 and 10 and accused no.8 party in person.
9.Now, the point for determination is Whether prosecution has
proved the guilt of A1, A3, A4, A8 and A10 for the offences punishable
U/Secs.120B, 419, 420, 468, 477A of IPC beyond all reasonable doubt?
POINT:
10.Pw1 Syed Nasir Hussain Naqvi, the then Managing Director of
Charminar Cooperative Bank, Nampally deposed that in the year 2001, a team of inspectors from Reserve bank of India came to their bank and stated that there were serious irregularities in advances portfolio and if they failed to im 6 Of 95 prove it would be declared as weak bank, as such in October,2001, the RBI sent a letter to their bank declaring their bank as weak bank. He further de posed that A2 Chairman was not following RBI rules regarding deposits and their bank was paying high rate of interest on deposits and as well as claiming higher rate of interest on advances and loans and that the recovery of loans was also poor. The Pw1 further stated that he saw a press note by A1 stating that A1 had paid entire loan amount taken by him from their bank and it was not correct, because by that time the outstanding loan due from A1 was
Rs.2,40,00,000/ and that the A1 obtained 4 loans from their bank in the names of Mumtaz and Company, Golden Enterprises, Shalimar Enterprises or so and in another name.
11.The Pw1 further deposed that he also found that no dues certifi cate was also given in respect of all the four loan by recovery officer of their bank, who is A4 due to pressure of A1 and for issuing no due certificate ac count should be marked as closed and mortgaged property documents be re leased by collecting 2.5 percent charges and the said formalities were not fol lowed and he found that A3 and A10 were assisting the A4, as such he lodged a complaint,Ex.P1 before CID Police. He further deposed that their bank was granting loans and advances to prohibited sectors and also not taking collateral security and that one Muneem was proprietor of Mumtaz and Company and that Sai Baba Enterprises, Royal Suppliers and Golden Enterprises are the part ners of Mumtaz and company and sister concerns of A1. He further deposed that when he came to know from news paper that A1 has paid entire liabilities to the bank, he called for the files and found that there was still outstanding balance of more than one crore rupees and that the A1 had deposited title deed of Shalimar property to secure the advances and there is no system of one time settlement. He further deposed that A3 and A10 were instructed by deceased 7 Of 95 chairman, A2 to give loans and advances as per his sweet will and in the poor ness of recovery of loans and ultimately the bank was failure and later closed and that the four no dues certificates with regard to four firms were issued dis
honestly to A1 with the assistance of A2, A4 and A10.
12.The Pw2 Md.Anwarullah, the then Manager, Recoveries in Charmi nar bank deposed that he was assigned due to to attend to bad loans and that the A1 obtained different loans from their bank in the name of different com panies and in the name of different persons and that the outstanding dues of all the loans are more than Rs.2 crores. He further deposed that in his absence the A4 is the incharge and he came to know that A1 telephoned to A3, who in turn telephoned A4 to issue no dues certificates to A1 and due to pressure from
A1, the A4 issued no dues certificates. The Pw2 further stated that since no dues certificates were issued, the companies referred to by him earlier in names of which A1 obtained loans have not repaid the loan, by not closing the ledger account and A4 issued no dues certificates without complying with those formalities and that A2, A3, A4 and A10 were responsible for this episode.
13.The Pw3 R.Srinivas Reddy the then Clerk cum cashier deposed that he knows A1, A3, A4 & A10 and that he used to maintain ledgers and title deed registers and title documents and that their bank sanction loans to Sai
Baba Enterprises, Golden Enterprises, Royal Suppliers and Mumtaz and com pany in an extent of about Rs.80,00,000/ to Rs.90,00,000/ to each of the said companies and as on 28.12.2001 the outstanding dues in respect of said loans were Rs.2.4 crores. He further deposed that the A4 prepared no due certificates and that son of A1 collected the said certificates from A4, without following the 8 Of 95 procedure and later a cheque was issued for Rs.17,00,000/ on behalf of A1 in respect of above 4 loans and through him Exs.P2 to P5 were marked and that as on the date of issuance of no due certificate apart from NPA interest, the outstanding balance was Rs.2.4 crores loss first time by bank.
14.The Pw4 P.Padmaja, clerk cum cashier deposed that 4 current ac counts were opened in the names of Mumtaz and company, M/s.Royal Suppli ers, Golden Enterprises and Sri Sai Baba Enterprisesa and these accounts were opened against the loans and the part of the amount of accused was trans ferred to these accounts and that the entire loan process at the Mehdipatnam branch loan section. She further deposed that the current opening form, the specimen card and the process of photos were processed and obtained and signed by A3 and A10 and after the withdrawal of the loan amount from con cerned accounts there was no further transaction in the concerned account and through her Exs.P6 to P22 were marked and that A2, A3 and A10 used to deal with loan section and without following the norms and procedure loan were sanctioned in Mehdipatnam branch.
15.The Pw5 Mohd.Aminuddin Mujahed deposed that his house num ber is 213430 and that the house no.213428 is adjacent to his house, and that one Habeeb Ali sold the adjacent house to one Rajendra Kumar Agarwal and that he does not know anything about Sai Baba Enterprises, much less about Yousuf Khan and that at no point of time Sai Baba Enterprises carried on its business in the said premises.
16.The Pw6 Mohd. Abdul Hameed, the then postman in Jubilee Hills
Post Office deposed that about few years back I.e, in the year 2002, CID police 9 Of 95 enquired about the address 213428, Chelapura and told two names whether they are staying in the said address and also enquired about another address 213406, Mehboob Ki Mendi and enquired about the name Mehdi Hasan and he stated that they did not stay in the said address.
17.The Pw7 Bandi Sreeramulu, Postman deposed that in the year 2002 or 2003 CID Police approached him and enquired about the address 101 123/A/4, Masab Tank and the office by name Golden Enterprises and he stated that there is no such office and also asked him whether one Md.Siraj is staying in the said address, he said that the said person did not stay in the said ad dress.
18.The Pw8 M.Sreeramulu, Postman deposed that some letters used to come in the name of Golden Enterprises of one Md.Siraj and that there was no person in that address viz., D.No.10123/A/4 and there was no office in the name of Golden Enterprises.
19.The Pw9 K.Nazir Mahamood Khan, the then MD Chairman Coop erative Bank, deposed that in August, 2003 A1 claimed the one time settlement of four accounts namely 1.M/s.Mumtaz and company, 2.M/s.Golden Enter prises, 3.M/s.Sai Baba Enterprises, 4.M/s.Royal Enterprises, but one time set tlement is not extended to the said four firms as the balances in the said four accounts were still due to the bank and in fact back extended the benefits ex tended by A2 in respect of some other accounts but not these accounts.
20.The Pw9 further deposed that RBI extended these scheme only to the Nationalized Bank but not to the Cooperative bank or any other bank, but 10 Of 95 the A2 on his own extended the OTS Scheme not only to the said four ac counts but also to some other accounts. He further stated that no due certifi cate was issued by A4 in respect of the four accounts though there is outstand ing balance of Rs.2,40,77,000/ and found that no due certificate is irregular and through Ex.P23 is marked.
21.The Pw10 K.Lakshminarayana Reddy, the then Asst., Registrar de posed that on the request of CID Police he verified the records and found that
Mumtaz and Company, Imperial Gardens, Sai Baba Enterprises, Gold Enter prises and Mesedeehassal are not registered under Partnership Act in their of fice and that Ex.P24 is the letter issued by him.
22.The Pw11 G.Srinivas Rao, the then Deputy Municipal Commis sioner deposed that in the month of December, 2002 CID Police requested him to furnish ownership particulars of certain houses, and that he verified the records and found the house bearing Dr.No.213428 Assessment No.14592 is in the name of Sultan Salauddin and issued Ex.P25 ownership certificate and also found house bearing Dr.No.213406 Assessment No.19458 is in the name of Asgari Begum and issued Ex.P26 letter.
23.The Pw12 P.Ambedkar, the then Deputy Inspector General of Reg istration and Stamps, Hyderabad, deposed that he has knowledge about
Ex.P24, which was issued from his office dt.2.5.2002 which was signed by
Pw10.
24.The Pw13 Shaik Maitab, the then MRO, Khairtabad deposed that on 4.4.2002 on the request of Police, he went to Charminar Cooperative Bank 11 Of 95 and that the Manager of the Bank informed that some loans were granted to certain companies which were Royal, Golden and Sai Baba and another Com panies and shows bulk of records which were seized by CID Police and through him Exs.P27 & P28 were marked.
25.The Pw14 N.Subash deposed that on 11.4.2002 he was called by
Police to Mahaboob Ki Mehdi, where the Police enquired about existence of certain shops namely Sai Baba Enterprises and Royal enterprises but no such shops were in existence and from there they went to Saifabad where the Police enquired about Golden Enterprises, but no such shop or persons connecting with the said Enterprises available and in this connection Exs.P29 & P30 pan chanamas were prepared.
26.The Pw15 J.Shanthaiah the then DSP in CID deposed that he regis tered a case in Cr.No.08/2002 under section 120B, 420, 428, 477A of IPC under Ex.P32 original FIR.
27.The Pw16 P.L.Ravindra Naik, the then Inspector of Police, CID de posed that Exs.P33 to 50 were marked through him pertains to Sai Baba Enter prises, Exs.P51 to 75 were marked through him pertains to Golden Enterprises,
Exs.P76 to 95 were marked through him pertains to Royal Suppliers, Exs.P96 &
P97 were marked through him pertains to Mumtaz and Company Files. He fur ther deposed that he visited Charminar Bank, Mehdipatnam Branch, recorded the statements of witnesses, verified the ledger files of the said four loans which have separate current accounts i.e., Said Baba Enterprises No.1286,
Golden Enterprises No.1342, Royal Enterprises No.1341, Mumtaz and Com pany No.1273 and that the accused withdrawn the loan amounts and that the
A4 produced four no due certificates under Exs.P98 to 101.
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28.The Pw16 further deposed that he visited Puranihaveli Branch, recorded the statements of witnesses, verified the address given in the note file, visited the house Dr.No.213428 and found that there is no firm by name Sai
Baba Enterprises and the said house belongs to Mao then he visited the house bearing Dr.No.213406 situated at Mahaboob Ka Mehdi, but did not find
Royal Suppliers and the said house belongs to Md.Saifuddin, he also visited
Saifabad and observed H.No.91123/A/4, but did not find Golden Enterprises and obtained certificate from GHMC to that effect. The Pw16 further stated that he visited the Charminar Cooperative Bank, Mallepally branch, verified ledger file of previous loan file in the name of A1 and collected Imperial Gar den documents and seized information sheet for advance sanction and through him Exs.P102 to 138 were marked.
29.The Pw16 further deposed that he visited Puranihaveli Branch, recorded the statement of witness, visited Chanchalguda Jail and recorded the statement of Pw1, visited the house bearing No.63894, but did not find collat eral security and one Khader Khan was residing and that he received letter from Registrar stating that no such firms mentioned above are registered in the registrar firms and that Pw11 addressed a letter under Ex.P139 stating that there is ho house bearing No.101123/A/4 was existing and that he collected
Ex.P23 from MD Charminar Bank and also collected Ex.P140 from Deputy
Manager, RBI stating that there is no one time settlement scheme available to the Cooperative Bank and also collected Ex.P141 from Registrar Office in re spect of Muneem and his son. The Pw16 further stated that the said loan files created by A3, A4, A8, A9, A10, A1 & A2 by floating fictitious company and borrowed Rs.3.97 Crores from Charminar Cooperative Bank by creating false 13 Of 95 and fabricated documents. He further stated that he collected cheque book in the name of Imperial Garden under Ex.P142 and that the cheque leaves are signed by A1. The Pw16 further deposed that in support of the case of the pros ecution, he got marked Exs.P146 to 283.
30.The Pw17 Rahamathullah, the then DSP, CID deposed that he was the Chief Investigating Officer in the main case of Charminar Bank fraud regis tered in Cr.No.3/2002 and that the documents collected in the said crime num ber was handed over to Pw16.
31.The Pw18 S.Ashok Kumar, the then DSP CID deposed that he submitted final appreciation report to ADGP, CID.
32.The Pw19 S.Nageshwar Rao, the then DSP, CID deposed that he attested the property search and seizure form under Ex.P143 and that Ex.P144 is the list of the seized from different firms enclosed to the charge sheet and that after completion of investigation filed charge sheet in this case.
33.The Pw20 M.V.S.Suryanarayana Raju, the then DSP, CID deposed that he pursued the matter in the High Court for the vacation of stay against the accused and during pendency stay vacation, later he retired from service.
34.The Pw21 K.Thimmappa, the then DSP, CID deposed that on 31.10.2003 he received case in this case from Pw16 and addressed a letter to
GP, High Court for listing Writ Petition No.7925/2002 for final hearing and ac 14 Of 95 cordingly, ADGP addressed a letter to GP for vacation of stay of arrest of ac cused and subsequently submitted final appreciation report.
35.The Pw22 Mohd. Inayat Ali deposed that one Habeeb Ali and his brother houses are located in their locality with No.213428 and about 16 or 17 years back they sold their houses to one Rajendra Kumar Agarwal and that in the year 2000 one Agarwal sold away the said houses to another person and he renovated the said house, leased out the same and that Yousuf Khan never stayed in the said house though tenants were changing.
36. :The offences charged against the accused persons in this case as follows:
Sec.419 of IPC reads as follows:
Punishment for cheating by personation:
Who ever cheats by personation, shall be punished with imprinonment of ei ther description for a term which may extend to threeyears , or with fine, or with both.
Sec.420 of IPC reads as follows:
Cheating and dishonestly inducing delivery of property: whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person or to make, alter or destroy the whole or any part of a valuable security or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.
Sec.468 of IPC reads as follows:
Forgery for purpose of cheating: whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Sec 477A of IPC reads as follows
Whoever being a clerk, officer or servant, or employed or acting in the 15 Of 95 capacity of a clerk, officer or servant, wilfully, amnd with intent to defraud, destroys, alters mutilastes or falsifies any (book, electronic record, paper, writing), valuables security, or account which belongs to or is in the possessions of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alternation of any material particular from or in, any such (book electronic record, paper, writing), valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine or with both.
Explanation: It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded, or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.
Sec.120(B) of IPC reads as follows:
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall where no express provision is made in this code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) * * *
The following are the main ingredients of Sec.420 of IPC, (1)The representation made by the accused was false.
(2)That the accused knew that represent was false at the very time when he made it.
(3)That the accused made false representation with dishonest intention of deceiving the person to whom it was made and (4)That the accused thereby induced that person to deliver any property or to do or omit to do something which he would otherwise not have done or omitted (5)The dishonest intention “it was a very settled principle of law that to hold a person guilty of the offence of cheating it has to be shown that his intention was dishonest at the time of making a promise such 16 Of 95 dishonest intention cannot be inferred from the very fact that he could not subsequently fulfill the promise.
The following are the main ingredients of Sec.468 of IPC:
(1)The document or electronic record is forged.
(2)The accused forged the document or electronic record.
(3)the accused forged the document of electronic record intending that forged document would e used for the purpose of cheating.
The following are the main ingredients of Sec.477A of IPC:
(1) The persons covered by the provisions are, a clerk, officer, or servant, or acting in such a capacity (2)He must willfully and with an intention to defraud:
(i) destroy, alter, mutilate or falsify any book, paper, writing, valuable security.
(a) which belongs to or is in possession of his employer;
(b) has been received by him for or on behalf of his employer;
(ii) makes or abets the making of any false entry in or omits or alters from or in any such book, paper, writing, valuable security or account.
The main elements of Sec. 419 of IPC are as follows:
It is not necessary to prove who was being impersonated, for the person impersonated could be an imaginary person, non existent or unknown. How eve, what has to be established is that the accused impersonated some body, or else the offence is not established. As to the form of impersonation, the section does not elaborate on whether it is through words spoken, or by conduct.
37.Learned APP filed written arguments and argued that A1 & A8 are brothers, they have created three fictitious firms in the name of Golden Enter prises, Royal Enterprises, Sai Baba Enterprises and opened fake bank accounts, obtained loans in colluding with the bank authorities i.e., A3, A4, A9 & A10, more over the another person i.e., A2 the then Bank Chairman, Charminar Co operative Urban Bank Limited, who during the course of investigation commit 17 Of 95 ted suicide and A4 in this case is the bank employee at the relevant time and she issued Nodue certificate for the said firms without verifying the facts, in fact at the relevant time the Reserve Bank of India had introduced a new scheme called as One Time Settlement Scheme but in this case the bank in is sue i.e., Charminar Cooperative Urban Bank Limited is no way connected with one time settlement scheme even though the accused in collusion with the bank official especially with the accused who has committed suicide in conspir acy with A3, A4 , A9 & A10 with other accused have committed the offence of cheating. She further argued that in this case during the course of investigation apart from Bank authorities, postmen for the areas where the addresses of ficti tious firms were mentioned, were citied as witnesses i.e., Pws.6 to 8, they have stated in regard to the not tracing out the addresses of fictitious firms in this case.
38.She further argued that Pw1 in this case is the complainant who retired from Charminar cooperative urban bank, as managing director, in the year 2001 the team of Inspectors from RBI came to the bank for inspection and arranged meeting and instructed the bank authorities as to bank as to im prove its performance as there is series of irregularities, bank was not in a po sition to repay the fixed deposits, the chairman was not following the RBI rules regarding the deposits, recovery of loan was also very poor, he deposed in regard to A1 obtaining the loan from the bank for an amount of Rs.1 crore out of Rs.3,65,00,000/, even A1 obtained loans in the name of four fictitious firms and he further made clear that issuing of no due certificates to the concerned accounts, A3 & A10 instigated A4 in issuing no due certificates, Pw2 who worked as recovery manager deposed in regard to obtaining of loans by A1 &
A8 in the name of four fictitious accounts, A4 has issued no due certificates, on the instigation of A3 & A10, even though they did not repay the total amount.
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39. She further argued that Pw3 who worked as ClerkcumCasher de posed also deposed in regard to obtaining of loans by A1 & A8, issuance of no due certificate by A4 from the instigation of A3 & A10. The evidence of Pw4 who work as ClerkcumCasher also shows in regard to the evidences i.e., she is the person who has passed the cheques i.e., Exs.P6 to P9 pertaining to Mumtaz and company, Ex.P10 and P11 pertaining to M/s.Royal Suppliers, Exs.P12 to p16 pertaining to M/s.Golden Enterprise, Exs.P17 to P21 pertaining to Sai
Baba Enterprise, Ex.P22 & P12 are the credit vouchers of the above mentioned cheques containing the signatures of Pw4 and Ex.P6 to P9 were withdrawn by the accused, even Ex.P10 & P11 were withdrawn by the accused, even Ex.P14 to P16 are the cheques. Pw5 deposed in regard to the nonexistence of firm by name M/s.Sai Baba Enterprises, he was not cross examined by A8, which shows that chief of Pw5 was admitted by him. The evidence of Pw6 shows that the person by name Mehdi Hassan was not resided in H.No.213428, Chela pura, H.No.213406, Mehboob ke Mehendi, A3 & A4, A8 A10 did not choose to cross examine Pw6 hence his chief evidence was admitted by them.
40. She further argued that The Pw7 deposed that in regard to non existence of the office by name M/s.Golden Enterprise in H.No.101123/A/4,
Masabtank, Hyderabad. The evidnce of Pw8 is very clear in regard to nonexis tence by name Golden Enterprise, in H.No.101123/A/4, Masabtank, Hyder abad. The evidence of Pw9 who retired as Asst.General Manager, SBI deposed in regard to his noticing of one time settlement facility which was extended to four firms i.e., DL Nos.67/98, 113/98, 114/98 41/98 and all the said firms were pertaining to A1 & A8, even in regard to issuance of four no due certifi cates to A4, even though there was outstanding balance Rs.2,40,77,000/. The evidence of Pw10 shows in regard to nonexistence of four alleged firms and also their non registration. The evidence of Pw11 shows that he worked as 19 Of 95
Deputy Municipal Commissioner, he issued certificates in regard to house door No.213428 which stands in the name of Sulthan Sallauddin, house bearing No. 213406 was standing in the name of Azgari Begum.
41. She further argued that the evidence of Pw12 who worked as
Deputy Inspector, General of Registration and Stamps, categorically identified that Ex.P24 was issued from his office. The evidence of Pw13 who was the panch witness for seizure of loan files i.e., M/s.Royal Suppliers, M/s.Golden
Enterprises and M/s.Sai Baba Enterprises. Even Pw14 is also mediators for panchanama of the seizure of files pertaining to M/s.Sai Baba Enterprises,
M/s.Royal Enterprises, M/s.Golden Enterprises. Pw15 who deposed in regard to issuance of FIR in Cr.No.08/2002 i.e., Ex.P32 in this case i.e., the FIR In this case. Pw16 is showing the Investigation conducted by him in this case as he inquired in regard to existence of Mumtaz and company, Royal Enterprises and
Sai Baba Enterprises, the said witness addressed letter to Pw10 in regard to en quiry as to existence of said firms, in turn he issued Ex.P24, even he made physical verification in regard to address given to Golden Enterprises, but he could not find the same and even he conducted proceedings to Exs.P29 to P31, subsequently the documents in further were marked during his evidence. The some of the documents i.e., Ex.P38 is again marked as Ex.P190, Ex.P40 is marked as Ex.P192, Ex.P41 is marked as Ex.P193, Ex.P42 is marked as
Ex.P194, Exs.P43 marked as Ex.P195, Ex.P44 is marked as Ex.P196, Ex.P53 marked as Ex.P251, Ex.P54 is marked as Ex.P252, Ex.P55 is marked as
Ex.P256, Ex.P56 is marked as Ex.P196, Ex.P57 is marked as Ex.P260, Ex.P58 is marked as Ex.P261, Ex.P59 is marked as Ex.P262, Ex.P60 is marked as
Ex.P263, Ex.P61 is marked as Ex.P264.
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42.She further argued that Ex.P146 to 178 are the documents pertain ing to M/s.Mumtaz and Company, containing the signatures of A1 & A8 and
Ex.P53 is containing the signature of A3. Ex.P76 to P95, P100, P216 to P245 are documents pertaining to M/s.Royal Suppliers and Ex.P98, 146 to P174,
P176 to P178 are the documents pertaining to Mumtaz and Company, Ex.P33 to P49, P99, P180 to P203 and P206 to P215 are the documents pertaining to
Sai Baba Enterprises and Ex.P51 to P71, P74, P75, P101, P248 to P271, P273 to P282 are pertaining to Golden Enterprises. Ex.P50 is the revised opinion showing that it was suggested to obtain original link documents but no docu ments are filed to show that they have complied the said requirement.
43. She further argued that Exs.P72, P73 are the revised opinions show ing the complying of certain conditions, but no document is filed to show the complying of the provisions. Ex.P40 is a very crucial document which disclose that one time settlement scheme was not available to Cooperative urban banks in A.P., during period dated 20.08.2001 to 18.12.2001 but in spite of the same
A4 has issued no due certificates to the four fictitious firms on 18.12.2001 on the instigation of A2, A3 & A10 by violating the norms and guidelines of RBI.
Exs.P102, P104 to P138, P141 are the documents pertaining to M/s.Imperial
Gardens and M/s Shalimar Gardens in fact by mortgaging the said properties only A1 & A8 have applied loans. The evidence of Pw19 shows regarding the search and seizure which were collected by his predecessors i.e., Ex.P143 &
P144 marked through him. Pws20 & P21 are the Investigating Officers, who deposed before the Court that they wrote letter to G.P. of Honb’le High Court of A.P., for vacation of stay for arrest of the accused in this case. Pw22’s evi dence shows that no person by name Yousuf Khan resided in the house of bear ing No.213428, his evidence is corroborated with evidence of Pw5. She ar gued that the evidence of Pw16 is very clear that A1 & A8 by showing the false addresses obtained loan in the name of four fictitious firms and even the pho 21 Of 95 tograph of son of A1 was affixed in the place of one MD.Siraj as A7 i.e., ficti tious person for fictitious firm i.e., M/s.Golden Enterprises and evidences of
Pws5 to 8, 13, 14 clearly establishes that the nonexistence of four fictitious firms, including the evidences of Pws10 & 11, even the documentary evidence shows in regard to A1 & A8 floated four fictitious firms by impersonation with the active collusion of A3, A4, A8 & A10 and photograph of son of A8 was af fixed in Ex.P217 in the place of Medhi Hassan i.e., A6 for Royal Suppliers, the photographs of one unknown Hindu woman, one unknown male person i.e.,
A5 was affixed on specimen signature card i.e., Ex.P181 for Sai Baba Enter prises i.e., fictitious persons, A4 has issued no due certificates in the name of four fictitious firms i.e., Ex.P98 to P101 to A1 & A8 under one time settlement scheme, but Ex.P140 shows there was no one time settlement scheme in A.P., at that relevant time, Exs.P50, P72, P73, P96 all the documents are showing that all the accused have committed cheating U/Sec.420 IPC.
44. She further argued that the documents i.e., Exs.P76 to P95, P216 to P245 pertaining to Royal Suppliers, Exs.P146 to 174, P176, P178 pertaining to M/s.Mumtaz and Company, Exs.P33 to P49, P180 to 203, P206 to P215 per taining to Sai Baba Enterprises and Exs.P51 to P71, P74, P75, P248 to P271,
P273 to P282 pertaining to Golden Enterprises were marked by the prosecution showing that all the said documents are forged one. Hence, it is proved that A1 & A8 committed forgery and that they have committed an offences U/Sec.468 of IPC. Even A3, A4, A10 in collusion with A1 & A8 intentionally falsified the bank accounts and the names, contents, signatures, amounts were changed by them to facilitate A1 & A8 availing the loans under OTS scheme established that they have committed offence U/Sec.477 A of IPC. All the accused in this case colluded with each other and committed criminal conspiracy to cheat
Charminar Cooperative urban Bank Limited by furnishing forged and fabri 22 Of 95 cated documents by showing falsification of accounts, thus, the offence punish able U/Sec.120 B of IPC is proved against the accused.
45.She further argued that evidences of Pws1 to 22 are consistent, corroborative with each other and their oral evidence is supported by the docu mentary evidences i.e., Exs.P1 to P283, in which Exs.P98 to P101 which are even though marked subject to objection as they were xerox copies of no due certificates as the Investigating Officer has collected the same from the bank as originals were with the accused and they failed to produce the same before In vestigating Officer and they did not cooperate with the Investigating agency.
The A3, A4 & A10 committed irregularities at the time of sanctioning of loans and issuance of no due certificates since the accounts became non performance accounts (NPA), which was brought on record during the evidence of Pws1 &
3. The closure of accounts shall stands closed only after clearance of outstand ing amount with interest, hence the four fictitious accounts were not closed be cause of outstanding due amount, she further argued that omissions, contradic tions and discrepancies in the evidences cannot be given undue importance as they do not shake the evidences of prosecution witnesses. Ex.P23 is the rele vant portion of audit report which is a document crucial in nature pertaining to
OTS scheme. The documents i.e., Exs.P102, P104, P105, P107 to P138, P141 even though pertaining to Imperial and Shalimar Gardens, those documents were pertaining to the security kept by A1 & A8 as collateral security for ob taining the loan. Exs.P28 to P30 are the mediators report marked through
Pws13 & 14 showing the documents pertaining to fictitious firms seized from the recovery sections of Charminar Cooperative Bank, moreover committing of suicide of A2 after registration and investigation of the case an inference can be drawn against the remaining accused with regard to involvement of A2 in this fraudulent scam.
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46.The learned APP vehemently argued that the omissions and con tractions in this case which are brought on record are very trivial in nature, that cannot be looked into as that does not effect the root of version of prose cution, she prayed the Court to convict all accused in this case.
47. The learned counsel for the A1, A3 & A10 filed written arguments and argued that a false case has been foisted against the accused herein by the prosecution, in fact at no point of time A1 and his brother have obtained any loans from Charminar Bank, Pw1 himself is one of the accused in Charminar
Bank’s fraud case which is pending before the Hon'ble I MSJ Court, so far it was not disposed off, as per the evidence of prosecution A1, A3 & A10 have committed the offences which are charged against them, A1 is main culprit as per the version of prosecution, he further argued that the present case is based on Ex.P1 which was alleged to have been lodged by defacto complainant and
Ex.P1 was marked through Pw1, as per his version A1 has issued a press note that he has paid entire loan which was taken by him from Charminar Bank, in fact he did not file any newspaper clipping or any news item published in any newspaper as deposed by him in his evidence, no such evidences placed before the Court to prove the version of prosecution. Pw1 is A14 in C.C.No.06/2002 on the file of Hon'ble I AMSJ, Hyderabad, only to avoid the legal consequences present case is filed against the accused herein. The evidence of Pw1 cannot be believed as he is one of the accused in main case, the alleged documents per taining to the bank and other documents placed before the Court are irrelevant documents, most of the documents were marked through pw16, he is not a competent witness to mark such documents.
48. He further argued that no relevant witness is examined by the prosecu tion to prove its version. Pws1 to 4 are bank officials, nothing was elicited in the evidences of pws1 to 4, moreover Pws1 to 4 are having no personal knowl edge regarding this case. Pw5 is examined before the Court to show that the 24 Of 95 premises of Sai Baba Enterprises was not in existence in the neighbouring premises of Pw5, why prosecution did not examine the owner of premises where alleged Sai Baba Enterprises was located. Even Pw6 is a postman is also not a competent person to show regarding the identity of alleged firms, the evi dence of Pws7 & 8 are found to be similar, they are also postmen. The prose cution in this case utterly failed to prove three golden principles of Criminal
Law, i.e., relevancy, admissibility and proof. The prosecution did not mark any relevant document, even the admissibility of the documents is not all followed in this case as mere marking of documents is not enough to prove the contents of documents, even the irrelevant documents cannot be used as documentary proofs in this case against the accused herein. The evidence of Pw8 shows that some letters used to come to the alleged given address, the same evidence i.e., the evidences of other postmasters i.e., Pws5 & 6 shows that no letters used to come alleged addresses. In this case Pw1 is also bank employee, he was not there in the bank at the time of alleged incident as per Ex.P1 there was no one time settlement in Charminar Bank, evidence of Pw1 shows that the Chairman will pass the sanction of loan orders, as per evidence of Pw1 the board will sanction the loan, no single record pertaining to loan was confronted to the witness by the prosecution, there was no minutes book filed before this Court showing sanction of loan because generally for any decision taken by the Board among the members will be recorded in minutes book, hence adverse inference can be drawn against the prosecution. Mere marking of documents are not enough to prove the version of prosecution, but the contents of each docu ments shall be proved by the relevant witnesses.
49. He further argued that Pw10 is the DIG, Registration Department, in his evidence there was mentioning of Imperial Gardens, in fact Imperial Gardens is not the subject matter in this case. As per Ex.P215 one Yousuf Khan is shown as Proprietor of Sai Baba Enterprises. Exs.P190, P191, P192, P195 shows that 25 Of 95 on Yousuf Khan is Proprietor of Sai Baba Enterprises. Ex.P192 to 214 shows it is a proprietary concern. The evidence of Pw11 who worked as Municipal Com missioner, GHMC earlier shows that the document which is marked through him belongs to one Sultan Sallauddin and Azgari Begum, they both are con cerned with Sai Baba Enterprises and Golden Enterprises respectively, said persons were not examined by CID Police though at the time of investigation they came to know through Pw11 that the premises in issue were in the name of above said persons. The document i.e., Ex.P267 which is pertaining to
Golden Enterprises contains the seal of the firm in pg.Nos.5 & 6, Ex.P268 it is shown as Proprietary concern, Ex.P269 shows Golden Enterprises firm is a sole proprietor concern, the inspection report i.e., Ex.P273 & Exs.P274 to 277,
P281, P282 are dealing with the documents pertaining to Golden Enterprises showing it is proprietary concern. Ex.P235 is pertaining to Royal enter prises, the evidence of Pw12 who is also a Deputy Inspector General, Registra tion and Stamps Department, his evidence is also similar as the evidence of
Pw10. Pw13 & Pw14 both are mediators for the address pertaining to Imperial
Garden which is not at all subject matter in this case. As per evidence of Pw16,
Pw1 was examined by him at Chanchalguda Jail. Ex.P50 deals with a revised opinion of advocate dated 14.11.1997, in which there is mentioning of Shali mar Furniture which is not at all concerned with this case. Even Ex.P72 which is a legal opinion of same advocate, dated 27.06.1998, there is a mentioning of
Shalimar Gardens, in fact it is not concerned with this case. Exs.P73 and P50 are similar documents.
50. He further argued that at no point of time during investigation Pw16 compared signatures of A4 with the documentary evidence pertaining to this case belongs to bank. No where in the evidence of Pw16 deposed in regard to the documents which he collected from Pws2 & 3, in fact no documents was collected from Pws2 & 3, their evidence does not disclose regarding handing 26 Of 95 over the documents to the Investigating Officer during the investigation. As per
Ex.P139 i.e., it is original letter submitted by Deputy Commissioner, MCH Cir cleV, Hyderabad, the person which is mentioned in the document is not ex amined. As per the evidence of Pw17, he only collected the documents, Pw18 only handed over the files to the next Investigating Officers. The evidence of
Pw16 and Pw9 shows regarding collecting of documents pertaining to Royal
Enterprises. Ex.P218 which is pertaining to the documents of Royal Enterprises
Firm shows regarding the incomplete current deposit ledger, only some of the items are mentioned in Ex.P218. Ex.P2 in this case was handed over by one An warullah, dated 04.04.2002, he was Manager Recovery, but said person was not examined. Ex.P94 is an original Loan agreement pertaining to M/s.Royal
Suppliers, which is shown as Proprietary concern. One Khaleel Unnisa Begum is shown as person responsible for M/s.Royal Suppliers, but the relevant docu ments does not contain any signature pertaining to the said Khaleel Unnisa Be gum. Ex.P94 which is an original loan agreement of Royal suppliers is similar when compared to Ex.P223 which is also loan agreement, dated 17.06.1998, these two documents are similar documents, there is no possibility of two simi lar documents for one loan. In Ex.P76 there is no signature or any other infor mation but Ex.P219 contains the signatures of a person concerned. Ex.P77 is similar document as of Ex.P234 in which Ex.P77 does not contain any informa tion where as Ex.P234 contains the details of the person concerned. Ex.P81 is a original form of Schedule of property of Charminar Bank, Ex.P222 is similar document as of Ex.P81. In Ex.P222 the date is shown as 08.06.1998, Ex.P231 shows the date as 18.06.2010. Ex.P82 is the original Equitable mortgage form similar to Ex.P232 for a sum of Rs.85 lakhs, Ex.P82 does not contain any de tails of either the person or property and Ex.P232 contains the details and also the signatures of 10 persons who are not at all concerned with alleged firm.
Ex.P83 is connected with the document No.P234 both are similar documents 27 Of 95 which are original Guarantor Form. Ex.P83 does not contain any proper de tails. Ex.P85 is similar to document bearing No. Ex.P226, the signatures of per sons are found in other documents also as above mentioned. Ex.P84 is similar to document no. Ex.P225, there is no signature on Ex.P84. Ex.P86 is similar to
Ex.P229 but there are two different signatures in Ex.P229. The bunch of docu ments which are filed by the prosecution and marked by prosecution till
Ex.P144 are not all concerned documents, when at the time of arguments the same was questioned by counsel, the later documents were created by the pros ecution and they filed the same before this Court.
51. He further argued that Ex.P89 is similar to the document No.Ex.P230 in which signature of one Fazal is shown, there is no mention in the charge sheet regarding the identity of that Fazal or his description. Ex.P231 which is similar to Ex.P90 contains the thumb impression of Fazal. Ex.P91 is similar to Ex.P232 which contains the title as one proprietor and eight others but the documents
Ex.P232 contains the signatures of ten persons. The written arguments of pros ecution does not deal with proper particulars of this case facts. Ex.P92 is simi lar to Ex.P228 which is original letter dated 17.06.1998 of Royal Suppliers,
Ex.P93 is similar to Ex.P229, all the documents which are subsequently marked as additional documents are the documents which are subsequently created for the purpose of this case. Ex.P94 is similar to document No. Ex.P223, the propri etor for Royal Enterprises is shown as one Mehdi Hassan but the documents
Nos. Ex.P94 and P223 are showing the name of Proprietor as Khaleel Unnisa
Begum, she is not at all concerned with the alleged offences. She is not charged by prosecution.
52.He further argued that the second set of documents Ex.sP146 to
P283 are similar to most of the documents which were marked by the prosecu 28 Of 95 tion during the evidence of Pw16 who is the then Investigating Officer in this case. Ex.P95 is similar to the documents, Ex.P224 pertaining to Royal Suppli ers, Ex.P95 does not contain any signature, Ex.P224 contain one signature.
There is no mentioning of the documents marked subsequently by the prosecu tion at the time of filing of charge sheet, it can be said that the subsequent marked documents are all fabricated documents for the purpose of this case.
Ex.P96 is legal notice issued to Nayeem and Muneem in their individual capac ity, in fact it does not contain any loan account details, Ex.P97 also does not contain the proper details regarding the details of A1 etc., even no date is men tioned. Ex.P98 to P101 are the xerox copies of no due certificates issued to
M/s.Mumtaz and company, Sai Baba Enterprises, Royal Enterprises & Golden
Enterprises, dated 18.12.2001. There is no explanation by Investigating Officer regarding why he did not collect the original document because the said docu ments cannot be used either for marking or to prove the contains of the same.
Exs.P98 to P101 does not disclose any details to show to whom the said docu ments were issued, no bank employee concerned was examined to show re garding issuance of Exs.P98 to P101 to the alleged firms, he further argued that the said documents i.e., Exs.P98 to 101 were not confronted to any bank officials which were examined as Pws1 to 4 in this case. Exs.P102 to 105 are not relevant documents. Ex.P102 contains the information regarding the
Mallepally Branch, i.e., situated near Nampally Criminal Court, but originally it is pertaining to Mehdipatnam Branch. One Tayaba Yasmin whose reference is in the said documents is not at all cited or examined as witness by prosecution, the prosecution has utterly failed to prove regarding the basic principles such as relevancy of documents, admissibility of documents and proof of documents.
The second set of documents are planted subsequently and Exs.P102 to P105 even till Ex.P142 have not passed any test required under Criminal Law.
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53.He further argued regarding Ex.P140 which is a crucial document which is a letter addressed to Additional Director General of Police, CID, dated 19.08.2003 showing that one time settlement scheme was not available to Co operative Urban Banks, A.P., during the period 20.08.2001 to 18.12.2001. Pw1 deposed in regard to bank has acted against RBI rules, Pw1 during his cross ex amination, admitted that no steps has been taken in regard to violation of RBI rules by the bank. Ex.P143 shows regarding the property search and seize dur ing the investigation it is pertaining to Mehdipatnam Branch, as per Ex.P43 it is a attested copy of search and seizure does not show regarding preparing of
Inventory of Seizure of documents and property. Ex.P144 is also the list of files and documents seized by the Investigating officer that does not contain any In ventory. Ex.P224 shows the letter of Guarantee of sum of Rs.85 lakhs, only one surety has signed the same and there must be the two guarantors for the said documents in fact the said documents contains the signature of one surety.
Ex.P225 is a promissory note containing the date, Ex.P227 and P228 is a de mand loan letter addressed to Managing Director, Charminar Cooperative
Bank and Take Delivery Letter which is showing the sum as Rs.99 lakhs, as per the documents loan was sanctioned for an amount of Rs.85 lakhs, after pay ment of first installment also as per the Exs.P227 & P228 they are showing the amount as Rs.99 lakhs. The signatures pertaining to A1, A3 & A10 who were denied by Pw1 during his evidence. The signatures of alleged accused were not sent to expert at any point of time, no document is containing either the cur rent account number of firm or the loan account numbers. Ex.P232 is contain ing the name of M.A.Khaleem and eight others, no details of such persons is given at any where. Ex.P232 contains the signatures of ten persons, but as per the said documents there are M.A.Khaleem and eight others, how signature of
additional one person is found in Ex.P232. Thumb Impression of one Fazal is
found in the above documents. Ex.P235 contains the signatures of one guaran 30 Of 95 tors, there is no explanation of only one guarantor was obtained. Ex.P238 is an important documents which is a form of appraisal for working capital, signed by Branch Manger, as per the rules Manager must visit the firm before issuing the form of appraisal but in this case it was not done. Ex.P239 is a Inspection report which doest not bear signature of anybody. Ex.P240 is an application filed by Royal Suppliers which does not contain any details of accounts, there is no proof before the Court that the said documents was seized by the Investigat ing Officer during investigation. Ex.P242 does not contain any enclosures col lected by Investigation Officer because in Ex.P242 which is a letter addressed to the Chairman, Charminar Cooperative Bank Limited mentioning the details of any documents from Serial No.1 to 4. The Investigating Officer did not col lect any documents i.e., Serial No.1 to 14 at the time of collecting Ex.P242, there is no details mentioned in Column No.6 of Ex.P244 which is a note sub mitted to Managing Director, Charminar Bank, dated 17.06.1998. No where in
Ex.P2 consists the details of Debit Voucher dated 28.08.1998 is mentioned.
Ex.P246 is the Insurance Policy of New Indian Assurance Limited which is not at all useful for the prosecution.
54.He further argued regarding the documents pertaining to Golden
Enterprise which were filed by the Police and marked during the evidence of
Pw16 at later point of time, the Ex.P249 which is the extract of current deposit ledger, even Ex.P250 is also the extract of current deposit ledger pertaining to
Golden Enterprises account bearing No.1342, in the said documents, there is no evidence to show that advance of Rs.90 lakhs were issued to Golden Enter prises, as on 28th August, mentioned in the 1st column of Ex.P249, it is showing the opening balance of nearly Rs.28 lakhs and above as on that date, the said documents are not containing the endorsement of any of bank authorities, no signature and seal of the bank is present on Ex.P249 showing who has issued the said document which officer has furnished Ex.P249, Ex.P250 to the CID Po 31 Of 95 lice. Ex.P14, P15 & P16 are the cheques which were withdrawn by one Siraj pertaining to Golden Enterprises, the reference of amounts mentioned in
Exs.P14 to P16 are not at all mentioned in Ex.P249, Ex.P250 as per said cheques amount was withdrawn by one Siraj, even in regard to Ex.P17 it is a cash Voucher pertaining to Golden Enterprises which was deposited on 28.08.1998 for an amount of Rs.29,82,333/, no amount was credited in the account i.e., Ex.P249 & P250. Even Ex.P251 which is a note submitted to Man aging Director in the name of Md.Siraj of Golden Enterprises which is not con taining signature of either branch manager, general manager and managing di rector, even the names are also not mentioned in the said documents, but the remarks that the applicant has fulfilled all formalities if agreed we may dis burse the loan amount and it was submitted for orders, Ex.P52 is a loan sanc tion condition order which does not contain any signature and seal of bank au thority, Ex.P53 & P54 are the application for advance and also the form of par ticulars of coobligant, even in the said documents also the full details of prop erty not mentioned, the signature and seal of concerned officers are not present in the said documents, Ex.P276 which is similar to Ex.P52, in Ex.P276 the handwriting is different, there are two different handwritings in the said appli cation, which is not at all containing the signatures of branch manager, general manager and also managing directors, so far as Ex.P258 and P251 are con cerned both documents are alleged to have been issued on 17.06.1998 one is an application for advance and another is a loan agreement and both the said documents cannot be on the same date because after application of loan it has to undergo some scrutiny then only loan agreement will be prepared, without following the formalities, directly Ex.P258 cannot be executed, even Ex.P253 also which is a mortgaged deed in the title column, it is mentioned as M.A.Nay eem and others but in the underline portion signatures of 10 persons without names were obtained including two witnesses without any names and particu 32 Of 95 lars of said persons, all the documents up to Ex.P283 are fabricated documents which are created only for the purpose of this case after highlighting the lacu nas of the prosecution at the time of earlier arguments.
55. He further argued that Ex.P52 is also of in two sets which is not permis sible under law even the particulars of coobligant is not available in the sec ond set of Ex.P54, there is no signatures of concerned authorities in appropri ate column of Ex.P54. Even otherwise in Ex.P252 the name of one Fizalunnisa
Begum, W/o. Ali Ahmed, R/o.Somajiguda, Hyderabad,is mentioned why her name is mentioned is not at all clear in the charge sheet because her name is shown as Coobligant in this case,her name is not at all mentioned in the con cerned document in Ex.P252, even in the said documents the signature of Chief
Cashier, Chairman/Vice Chairman, General Manager, the signature of Manag ing Director is not present, in Ex.P54 the name of Co obligant is mentioned as
M.A. Muneem and M.A.Nayeem Zakee and in the same document i.e., Ex.P252 the name of co obligant is mentioned as Fazalunissa Begum. The prosecution by filling the lacunas has filed separate set of documents by creating the same, there is no explanation in the charge sheet why so many sets are filed in one loan transaction, no similarities in two documents i.e., Ex.P54, Ex.P252 except the proforma the particulars of the documents are materially different, there may be possibility of having two to three sets of documents for any of the origi nal document but not for hundreds of documents, this itself raises suspicion re garding the genuinity of the documents filed by the prosecution in Ex.P55 ex cept name and date, no other details are mentioned. Even it is surprise to see that the date of Ex.P55 which is a loan agreement is mentioned as 17.06.1998 but the stamp in the heading of the said documents is containing the date as 08.01.1999 which is highly impossible, no signatures of the borrower, no de tails of Loanee is mentioned in the said document.
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56. He further argued that Ex.P258 is similar to Ex.P55 i.e., the second set of Ex.P55, even in the said document, the date of document is mentioned as 17.06.1998, but the stamp in the said document is containing the date as 21.04.1998 which is highly impossible, the signatures of the surety are not taken properly, the signature of one person is found in the surety coloumn without any name and particulars. Ex.P56 is letter of Guarantee pertaining to
Golden Enterprise and the second set of said documents is Ex.P56 the signa tures of sureties are not present and in Ex.P259 the signature of two persons are taken in the relevant column of sureties. Ex.P57 is a promissory note which is not containing proper details and the name of the person who is responsible for execution of said pro note and Ex.P260 is similar to Ex.P57 containing the signature of one person i.e., Siraj as Proprietor of Golden Enterprise. Ex.P58 is a letter of wavier, other copy is marked as Ex.P261, there is no signature or name of executant in Ex.P58, signature of Siraj is present in Ex.P261, Ex.P59 is take delivery letter containing no signature and no proper details, Ex.P268 is other copy of the same containing the signature of Siraj, Ex.P60 is letter ad dressed to Managing Director, Charminar Cooperative Bank containing no sig nature, Ex.P263 is other copy of the same containing the signature. Ex.P62 is letter of lien and set off containing no signature and relevant particulars in
Ex.P62. Ex.P62 to P69 are not relevant as they contains no signature, no other particulars and they are not connected documents to this case.
57. He further argued that the Ex.P68 is mortgage memorandum, containing no signature and no other particulars, Ex.P253 is the copy of the same which is containing signatures of 10 persons including two witnesses wherein the heading shows that M.A.Nayeem and six others. Moreover Ex.P71 is the certificate of New India Assurance Company Limited in the name of
Golden Enterprises showing that the insurance was taken in the name of M/s.
Golden Enterprises, the said document falsify the contention of the prosecution 34 Of 95 as to nonexistence of firm by name M/s.Golden Enterprises because generally no insurance company will accept the policy of a fictitious company. Ex.P72 is a legal opinion and Ex.P73 is a revised legal opinion and the documents which are mentioned in the said documents are not properly filed and marked by prosecution. Ex.P72 is concerned it is a legal opinion pertaining to Shalimar
Garden which is no way connected to this case. Even Ex.P73 in which the lonee is shown as Shalimar Furniture which is also no way connected with the case.
The Ex.P74 is the postal return cover showing the endorsement of notclaimed, hence returned to sender which falsify the contention that Golden Enterprises is not in existence and it is a fictitious firm.
58.The learned counsel further argued that in regard the argument of
Sai Baba Enterprises, the documents mainly Ex.P3 showing that as on 01.07.2001 there is credit balance of Rs.97 lakhs and odd in the said account and the last entry shows that it is the entry of 11.02.2002, there is much amount in the account of Sai Baba Enterprises, if really there was an intention of cheating in respect of Sai Baba Enterprises then no one will kept such huge amount in their accounts. Exs.P22 which is a counter foil dated 30.06.1998 pertaining to current account of M/s.Sai Baba Enterprises showing the Credit of 96,77,333/, the said credit ought to have reflected in Ex.P3, no such entry is found in Ex.P3, there is no explanation from the prosecution why the entries pertaining to 1998 are not filed along with loan file extracts of above said firms because the extracts of current account ledger and advances ledger is only a brought forward extracts which is not showing any credit of the amounts which were sanctioned to respective accounts. Nonproduction of complete docu ments before this Court is fatal to the version of prosecution and Court can draw adverse inference for nonproduction of proper documents before the
Court. No explanation is given by the prosecution as to why owners of premises of all the firms are not examined, prosecution instead of examining the owners 35 Of 95 of said premises have examined irrelevant persons which are no way concerned with the present case. Ex.P18 to P21 are dealing with the cheques pertaining to
Sai Baba Enterprises showing that lakhs of amounts were withdrawn through said cheques by one Yousuf on behalf of Said Baba Enterprises. Ex.P22 which shows the credit of amount to Sai Baba Enterprises is not reflecting in any doc uments. More over Ex.P23 which is a report lodged by the Managing Director,
dated 22.08.2003 to the Deputy Superintendent of Police and in the said report
in the first para the reference of one Haji Seth and loan account numbers are mentioned, even in the last para also the names of four borrowers i.e., M/s.
Mumtaz and Company, M/s.Golden Enterprises, M/s.Sai Baba Enterprises &
M/s.Royal Enterprises are mentioned, the names of the concerned persons are not mentioned.
59.He further argued that the enclosures which are mentioned in Ex.P23 are not marked by the prosecution i.e., copy of audit report, copy of minutes of board meeting, copy of OTS register. As per Ex.P24 it is a letter addressed by
Deputing Inspector General, Registration & Stamps to the Inspector of Police showing the five firms are not in existences, they have not registered in their office under Indian partnership act. Ex.P25 is a letter from Deputy Commis sioner, GHMC and in the said documents owner of premises bearing No. 213 428 is showing as Sultan Sallauddin, but the said person is not at all examined, why he was not examined by prosecution is not mentioned, as per Ex.P26 one
Azgari begum is the owner of premises Bearing no. 213406 but she was not examined by the Police concerned. Ex.P28 is a mediators report it is dated 04.04.2002, there is no inventory prepared for the documents seized under
Ex.P28, no note files are received under Ex.P28, Ex.P29 is also a mediators re port and it is showing that no person by name Yousuf pertaining to Sai Baba
Enterprises has resided earlier in the premises mentioned in Ex.P29. Ex.P32 is
FIR in this case in Cr.No.08/2002, dated 04.04.2002 and in the said documents 36 Of 95 the name of Haji Seth is mentioned as Proprietor of Mumtaz and Company, subsequently in other documents and charge sheet it was revealed that the said person is none other than M.A.Muneem but there are no cogent document to that effect. Ex.P33 is an application for advance dated 30.06.1998, other copy of which is marked as Ex.P185, there are no proper signatures in Ex.P34 and mots of the columns are kept blank but in Ex.P185 names of six persons are mentioned in the title column, signatures of six persons are taken in Ex.P185 including the signatures of two other witnesses. Ex.P35 which is a schedule of property application and which is again marked as Ex.P187, the signatures of ten persons without any details are found in Ex.P186. Ex.P36 is the equitable mortgage containing no signature, Ex.P187 another set of document containing more than 12 signatures including the signatures of two witnesses. Ex.P37 is containing the names of one Shameem, M.A.Vaseem containing the signatures of no persons, other set of documents is marked as Ex.P188 containing the sig natures of two persons without any details containing no signatures of Chair man, Vice chairman, Manager and Managing Director.
60.The Ex.P38 is an loan agreement containing no signature, Ex.P90 is copy of other set of documents containing the signature. Ex.P190 is contain ing the name of one Ramaniah SubRegistrar, which is found to be executed on 17.06.1998 but the stamp of Ramaniah, SubRegistrar containing the date as 21.04.1998 which is highly impossible. Ex.P40 is the promissory note contain ing no signature of executant, Ex.P92 is similar documents with other hand writing containing the signature and stamp. All the said documents are highly contradictory in nature. Ex.P41 contains no signature, which is a letter of
Wavier, not containing any details, other set of documents is marked as
Ex.P193 containing the signature of name of the person, who executed the same and seal of the firm, it can be said the first set of documents were pre pared in the first instance and when defence counsel raided doubts on genuine 37 Of 95 ness of said documents, the documents marked after filling up of lacunas men tioning the relevant details in the documents, Ex.P42 is a take delivery letter containing no details, no signatures, copy of which is Ex.P94 containing the to tal details, Ex.P43 is also containing not details, other set of documents
Ex.P195 containing the details so as to documents i.e., Exs.P44 & P196, Ex.P45 is the single documents and Exs.P46 &P206, Exs.P47 & P207. There are no doc uments pertaining to the loan accounts showing the credit of amounts as al leged by the prosecution more particularly the credit of sanctioning of Rs.97 lakhs to Sai Baba Enterprise, Rs.85 Lakhs to Royal Suppliers, Rs.95 Lakhs to
Golden Enterprises and Rs.95 Lakhs to Mumtaz and Company and the total due amount as on lodging of report before Police is Rs.99.40 Lakhs pertaining to Sai Baba Enterprises, Rs.33.33 Lakhs pertaining to Royal Suppliers, Rs.44.87
Lakhs to Golden Enterprises, finally Rs.73.02 Lakhs pertaining to Mumtaz and
Company. No documents which are marked at the earlier instance are prop erly filed before the Court, no document is containing the signature and seal of the concerned person/authority, no bank seal is present in any of the loan ap plication or its corresponding documents, the prosecution utterly failed to show regarding what benefit the bank officials got and what was the conspiracy and what was the monitory benefits which the accused who are concerned with the bank officials have obtained is not proved before this Court.
61.He further argued that so far as Mumtaz and Company is con cerned for obtaining any loan the loanee has to purchase Rs.2.5 % of shares in
Charminar Bank and Exemption is there for gold loan which is not mandatory to purchase the shares, for sanctioning of any loan it is to be applied from any branch and scrutiny will be done by scrutiny office, file will be sent to manag ing director and after his satisfaction regarding the documents furnished, then he will referred the same to board of Directors, if Chairman is satisfied, then 38 Of 95 there will be scrutiny of documents, then there will be sanction of loan to the
Currents Accounts of Firms which applied for loan, there will be disbursement of loan amount, in this case MD is not at all cited as witness, he was not exam ined by CID Police, generally responsibility for any loss will be fixed on the
Board of Directors, MD and Chairman. In this case same was not done. No orig inal extracts of registers of advances ledger is not filed, complete details of the persons is not mentioned, so far as Ex.P164 is concerned the heading is show ing as M.A.Nayeem and fiver others for M/s.Mumtaz and Company but the sig nature of only two persons and two witnesses including the signature of A8
Nayeem Zakee is present, so far as Ex.P5 is concerned it is pertaining to extract of advance ledger of Mumtaz and Company but it is also a brought forward de tails of record from 31.03.2001 and Ex.P165 which is a schedule of property no signature of mortgage is present, no stamp of bank is present, no stamp of bank officials is present, even Ex.P166 is concerned the full details which ought to have been mentioned in the said documents is not mentioned, three signatures of persons without any details apart from two signatures of witnesses are men tioned in Ex.P166. The Ex.P167 is a form of appraisal for working capital and
Ex.P168 is Inspection Report, no signature of Zonal Manager, General Manager or Managing Director is present of Ex.P167, even the name of the firm is also not clear in Ex.P167, so far as Ex.P168 is concerned no signature or seal of the person who conducted inspection of Mumtaz and Company and furnished his report is not mentioned.
62.He further argued that Ex.P169 is a letter addressed to the chairman
Charminar Cooperative Bank requesting financial assistance of Rs.95 lakhs,
dated 08.06.1998, signatures of two persons are present in the said document,
Ex.P70 is the letter addressed to Chairman by partner of Mumtaz and Company showing the stock lying with them as on that date, date is not mentioned in the said document. Even Ex.P171 is also a letter addressed to Chairman, Charmi 39 Of 95 nar Cooperative Bank. Ex.P172 is the request for release of term loan and
Ex.P173 is the deposit of 35 cheques from cheques bearing Nos.45201 to 45210 & 45176 to 45200 and in the said letter there is mentioning of deposit of above mentioned cheques and further Ex.P174 is a statement showing loan application appraised and sanctioned in the board meeting without any date, the amount pertaining to Mumtaz and Company i.e., Rs.95 lakhs and other de tails are mentioned in the said document, Point No.7 regarding the particulars of loan which is mentioned that loan amount should be paid in 35 equal in stallments, in the said document it is clearly showing that without following the conditions from Point Nos.1 to 7 loan cannot be granted. Ex.P175 is valua tion report for the property bearing municipal No. 58110/2,3,4 & 5,the amount of total value of property is shown as Rs.2,82,12,697/. Ex.P176 is a note submitted to a Managing Director, the signatures of Bank Manager, Gen eral Manager, and Managing Director are missing. The said exhibit is contain ing the signatures of ten persons without any name and particulars.
63. He further argued that Ex.P177 is loan sanction orders conditions con taining the signatures of two partners of Mumtaz and Company without any details, the signatures of Managing Director is not on Ex.P177, hence the said document has no value in the eye of law, Ex.P178 is a debit voucher sanction ing Rs.95 lakhs to the M/s.Mumtaz and Company, the reference of which is not present in the extract of current account ledger, the documents is dated 12.06.1998 but as per record the loan was granted on 01.07.1998 especially as per Ex.P1 where it is mentioned that the date of loan sanctioned is 01.07.1998.
64. He further argued that the Ex.P48 does not contain any signature to whom the demand notice was issued even Ex.P49 also contains no details.
Ex.P50 is a revised opinion dated 14.11.1997, the original opinion which was 40 Of 95 initially given is not filed, even the said opinion is pertaining to Shalimar Furni ture which is not the subject matter of this case, Ex.P51 there is no signature of
Branch Manager, General Manager and Managing Director even seal of the bank, Ex.P52 is a carbon copy of other documents which is not marked before the Court which is a document which is not signed by any of the person either bank official or any other person. Ex.P146 it is a letter addressed to Branch
Manager from Partner of Mumtaz and Company which is not relevant for the purpose of this case, in Ex.P147 no signature of the officer who inspected the premises is not mentioned, Ex.P148 is a specimen signature of A1 & A8 in this case, Ex.P149 is a letter addressed to the Chairman by the partner of Mumtaz and company for issuance of cheque book, Ex.P150 is a extract of current de posit ledger, no entries of either debit or credit vouchers pertaining to 01.02.1998 are mentioned, no entries showing deposit of Rs.95 lakhs in the credit of said account is not mentioned, the signature and seal of official con cerned is not there in Ex.P150, it is pertaining to Mumtaz and Company wherein Ex.P5 which is brought forward extract containing the entries of debit and credit on 31.12.2000. Ex.P151 is showing transfer of amount to Mumtaz and Company, dated 29.06.1998 but the relevant entries are not mentioned in the loan account abstract. Ex.P152 is application for advance, there is no infor mation in regard to when it was collected, even from where it was collected as it is dated 22.06.1998 and as per record loan was sanctioned on 01.02.1998.
Ex.P153 is the particulars of coobligant, as per the document the coobligant names are mentioned as M.M.Khan, Khaja Moinuddin, but no other specific de tails are mentioned. In Ex.P154 no details of security are mentioned. Ex.P155 is a loan agreement in the bottom date is mentioned as 22.06.1998, but the stamp of Ramaniah, SubRegistrar is shown as 21.04.1998, both dates are not matching, in Ex.P156 which is a letter of guarantee no property details or de tails of persons are mentioned. Exs.P157 & 158 are created for the purpose of 41 Of 95 this case even Exs.159 & 160. In the letter of lien i.e., Ex.P161 the date is men tioned as 22.06.1998, it is subsequent to sanction of loan but the schedule is kept blank. Ex.P162 is an application for admission of a member, it is dated as 22.06.1998 but the loan date is 01.02.1998. Ex.P162 is purchased in the name of individual persons but not by firms. Exs.P163 & 164 are created for the pur pose of this case. The learned counsel for A1, A3, A10 argued that as false case has been foisted against them, he prayed the Court to acquit his clients.
65.The learned counsel for A4 argued that in this case the allegation against A4 is that A4 has issued no due certificates in this case for four firms al leged to be fictitious, the said four firms did not repay the loan took by them at any point of time, the evidences of Pws1 to 3, 9 & 16 are showing that A4 has issued no due certificates, in the cross examination of Pw1 dated 30.04.2013 he has admitted that he did not find any no due certificates in the files, no due certificates were not issued in his presence, in his chief examina tion in Page No.2 he deposed that he verified the records and found that Haji
Shet obtained loans in the names of four fictitious companies i.e., Mumtaz and
Company, golden enterprises, Shalimar Enterprises and other firms for issuing of no due certificates accounts should be marked as closed and no formalities are followed while issuing no due certificates, the evidence of Pw2 shows that he is deposing before the Court basing on the records, in the cross examination he admitted the same. During cross examination of Pw3 he admitted that A4 was forced to prepare the no due certificates, he has prepared no due certifi cates which were signed by A4. Pw4 and Pw8 did not speak anything against
A4. In the cross examination of Pw9 at page No.2 he deposed that he has not seen the copies of no due certificates, he has seen the Photostat copies of no due certificates produced before A2 by A1, A1 has given information to him about the production of Photostat copies of no due certificates, he has not given any notice to A1 to produce originals before him. She further argued that 42 Of 95
Exs.P98 to P101 are the xerox copies of no due certificates in which Ex.P98 is pertaining to Mumtaz and Company, Ex.P99 is pertaining to Sai Baba Enter prises, Ex.P100 is pertaining to Royal Suppliers, Ex.P101 is pertaining to
Golden Enterprises, the xerox copies were marked to subject to objection, no authentication can be drawn on such no due certificates, moreover Pws10 & 11, 13 & 14 did not speak anything against A4. During the evidence of Pw16 he deposed that he verified the signature of A4, how he can compare or verify the signature of A4 on xerox papers, the evidence of Pw17 during cross exami nation shows that he did not prepare any inventory for the documents col lected by him, she further argued that A4 never signed Exs.P98 to 101 in origi nal at any point of time, the prosecution failed to prove what was the undue advantage which A4 received and what was the wrongful loss sustained ny the bank in this case, even otherwise if really A4 had issued the same, she would have been terminated from the service for not following the procedures at any point of time no action was taken against the Accused no.4 in this case by the
Bank officials, She prayed the Court to acquit the A4 from this case.
She relied on citations as follows:
1.J.Yashoda Vs. K.Shobha Rani, reported in 2007 Lawsuit (SC)468.
2. Shalimar Chemical Works Ltd Vs. Surendra Oil & Dal Mills
(Refineries) & Others, reported in 2010 LawSuit (SC) 560.
She argued that in this case as the original documents i.e., the original no due certificate was not produced before the Court alleged to have been issued by A4, the Investigating Office did not take any steps to call for original documents if any, the documents which are marked by prosecution are not enough to prove the guilt of the A4, the said documents are hit by the pro visions U/Secs.63 & 65A of Indian Evidence Act.
43 Of 95
66.In reply to the above arguments the learned APP relied on citations as follows:
1. Jansirani Vs. G.Loganatham of Hon’ble Madras High court dated 05.04.2007.
2. Lokchand Jain Vs. Gurrapu Rajamouli, reported in 2004 Law suit (AP) 300.
She further argued that in this case even though the original no due certificates were not collected by the Investigating officer, the said docu ments can be used for limited purpose because the Investigating officer inspite of his best efforts could not procure original no due certificates which were with the accused in this case, even she argued that if any person with whom the original is proved to be existing does not produced the same when de manded, secondary evidence can be taken into consideration, in this case the counsel for A1, A8, A10 argued that the Investigating officer has collected only some documents which were marked during the first evidence of Pw16 and the second set of documents which are later marked before the court are the docu ments which were already filed before this Court along with the charge sheet but due to over sight those documents were not brought on record in the initial stages but subsequently they were marked through Pw16, even though in this case there are some lapses on the part of Investigation that will not effect the version of the prosecution, because if at all the Investigating Officer failed to mark the said documents that is not the lapse on the part of prosecution, there are number of sets to some of the documents that show that the accused in this case with collusion with the bank employees i.e., especially A3 & A4 created the multiple documents and they tried to cheat the bank authorities including the Government, A2 in this case is the Chairman, Charminar Cooperative
Bank, committed suicide after the scam which came on light in the initial 44 Of 95 stages only that itself shows that the bank authorities especially A2 and other bank employees who are arrayed as accused in this case with the conspiracy of
A1 and other accused in this case have created the false, fabricated documents and submitted the same before the bank, the alleged bank employees without verification granted Crores of rupees to the four fictitious firms alleged to have been created by A1 & A8 in this case who are real brothers, they themselves with names of fictitious firms and fictitious firms whose names were deleted by the Investigating Agency at the time of filing of charge sheet, that itself shows that all the accused in this case including the bank employees of Charminar Co operative Bank conspired together committed forgery, falsification of docu ments and cheating as alleged in this case, she argued further that no single culprit cannot be released by this Court without punishment, she prayed the
Court to convict all the accused in this case.
67.In this case the matter was posted many times for arguments of counsel for A8, it was represented by A8 that his counsel is suffering from Dia betes, he cannot argue the matter on the relevant day, but subsequently for many times adjournment was given at request of A8, but his counsel did not appear before this court, finally as the matter was conditionally posted, A8 himself argued that a false case has been foisted against him, prayed the Court to dispose the matter on merits.
68.On perusal of record it is seen that this is a case in Cr.No.08/2002,
dated 04.04.2002 based on the report lodged by the defacto complainant, who
is examined as Pw1 in this case. Initial stages charge sheet was filed against
A1, A3, A4, A8, A9 & A10 by showing A4 in this case as absconding. The record shows that as NBW was pending against A4, on 14.09.2010 C.C. against
A4 was split up and numbered as C.C.798/2010 and the A1, A3, A8 to A10 45 Of 95 were examined U/Sec.239 Cr.P.C., charges were framed against them, later, af ter appearance of A4 in this case again C.C.798/2010 was clubbed in this case vide ordered dated 30.01.2013, she was separately charged for the offences charged as above mentioned.
69.The contents of charge sheet shows that Lw1 the then Managing
Director Charminar Cooperative Urban Bank Limited, lodged report with DGP,
CID stating in regard to the outstanding loan amount pertaining to M/s.Mum taz and Company, represented by A1 & A8 along with the other fictitious part nership firm i.e., M/s.Sai Baba Enterprises pertaining to A5, M/s.Royal Enter prises pertaining to A6, M/s.Golden Enterprises pertaining to A7, who bor rowed an amounts of Rs.3.67 Crores from Charminar Cooperative Urban Bank
Limited, by mortgaging the title deeds pertaining to Shalimar Gardens pertain ing to A1 & A8 along with their family members, the said loan was obtained in collusion with the then Chairman, Charminar Cooperative Urban Bank Lim ited, i.e., A2 subsequently, he expired by committing suicide, A3 who was the
Deputy General Manager, A4 is the Manager Recoveries of Charminar Cooper ative Urban Bank Limited and A10 is the Manger Loans, A9 who worked as a
Director Charminar Cooperative Urban Bank Limited. The A1 in this case re quested for adjustment of loan amounts in one time settlement basis for the four firms as per the assurance given by A2 in this case, A4 in this case issued
Nodue certificates to all the four firms without following the rules and regula tions pertaining to banking. Subsequently basing on the said report a case was registered, as per the investigation in this case it was revealed that A1 & A8 with conspiracy in this case created three fictitious firms, they have opened current accounts for the said three firms in conspiracy with A9 in this case, A1 & A8 were sanctioned huge loans by the bank authorities and they have with drawn the said amounts, both of them fraudulently and dishonestly mortgaged their property such as Shalimar Gardens, Nampally, Hyderabad, as a collateral 46 Of 95 security in favour of Charminar Cooperative Urban Bank Limited, meanwhile they have remitted Rs.1 Crore to Charminar Cooperative Urban Bank Limited and with a criminal conspiracy to gain wrongful profits they have introduced and created fictitious firms. The A1 & A8 during the said course requested the bank for one time settlement of their loan accounts, in fact during the relevant period the Reserve Bank of India has given directions to all the Cooperative urban banks for one time settlement, but the said scheme was not available to
Cooperative urban banks in A.P., during the period from 20.08.2001 to 18.12.2001. During the course of investigation, the investigating officer found that in the loan application filed before the bank the photographs of A1 & A8 were fixed on the application form M/s.Mumtaz and Company, the photo graphs of son of A1 was fixed in the place of Md.Siraz i.e., fictitious person on
M/s.Golden Enterprises loan file, photograph of M.A.Fayeem who is son of A8 was fixed in the place of one Mehadi Hassan in the place of M/s.Royal Suppli ers loan file and photographs of one unknown Hindu woman and male person were fixed in the place of one Yousuf Khan who is a fictitious person on the file of M/s.Sai Baba Enterprises by A1 & A8 which clearly shows that A1 & A8 have created all the fictitious firms in active connivance of accused bank officials who are A2 to A4, A9 & A10 in this case.
70.On considering the oral and documentary evidences placed before this Court it is seen that the main allegations levelled against A1 & A8 are that they established four fictitious firms and obtained loans with active conveyance and conspiracy with A2 who is no more and A3 & A10 being the bank employ ees helped them by receiving the false documents, even fabricated documents, they both made A4 to issue no due certificate to the fictitious firms without closing the accounts of four fictitious firms. A1 & A8 have submitted a false and fictitious documents, the bank authorities without verifying the same have received the same and subsequently loans were granted almost to the tune of 47 Of 95
Rs.3.67 Crores to all four fictitious firms, a1 and A8 have withdrawn the amounts received in the said firms through the cheques, some of the cheques were marked in this case and spent the same, subsequently even there was an outstanding amount of Rs.2,40,77,100/, A4 has issued no due certificates even though the above outstanding amount was due to Charminar Cooperative
Bank, A1 & A8 with conspiracy with A2 in this case and the bank employees i.e., the above said accused committed the offences alleged against them.
71.As already discussed in this case the prosecution got examined
Pws1 to 22 and got marked Exs.P1 to P283. It is observed that Ex.P145 is not marked due to over sight after marking of Ex.P144 the next marking is given as
Ex.P146, Ex.D1 is marked in the evidence of Pw1 during his evidence on behalf of the accused.
72.In this case the Pw1 is the complainant and the then Managing Di rector, Charminar Cooperative Urban Bank Limited. The Pw2 was worked as
Manager Recoveries, Charminar Cooperative Urban Bank Limited at the rele vant time. The Pw3 who worked as ClerkcumCashier in Charminar Coopera tive Urban Bank Limited from 1998 to 2003. The Pw4 worked as Clerkcum
Casher in the year 1992, she was appointed in the year1997, she was pro moted as Current Account and Savings Bank Manager. The Pw5 is an indepen dent witness whose house is situated besides the address given to M/s.Sai Baba
Enterprises. The Pw6 is worked as Postman at Jubilee Hills Post Office during the year 2008. The Pw7 who worked as Sorting Postman in Khairthabad Post
Office during the relevant time of issue. The Pw8 earlier worked as Area Post man, Saifabad Limits from the year 2001 to 2007. The Pw9 who retired as As sistant General Manager in SBI in the year 2003, later he was appointed as
Managing Director, Charminar Cooperative Urban Bank Limited, in Adminis 48 Of 95 trative Office in the year 2003. The Pw10 earlier worked as Assistant Registrar,
Registration of Stamps, who in fact furnished the details of four firms including another firm to the CID authorities. The Pw11 who worked as Deputy Munici pal Commissioner, Hyderabad, who furnished the details of door numbers mentioned to the fictitious firms by the accused in this case. The Pw12 earlier worked as Deputy Inspector General, Registration Stamps. The Pw13 is the per son who attended the proceedings of panchanama of seizure by the Investiga tion officers in this case, in his presence documents were seized by CID Police.
The Pw14 is also another mediator in whose presence Exs.P30 & P31 were pre pared including Ex.P29.
73.Further Pw15 is the DSP, CID, who worked in the year 2000 to 2003 in
CID, who registered this case as Cr.No.08/2002, after issuing of FIR, he handed over the CD file to Lw22 for further investigation. The Pw16 who earlier worked as Inspector, CID from April 2002 to 2004, who received FIR from
Lw25, even he was handed over the CD pertaining to investigation in this case, he almost did the investigation in this case even for further investigation, he handed over CD file to Lw27. The Pw17 is earlier who worked as DSP, CID, from July 2001 to January 2003, he handed over the original records to Pw16 for further investigation, he was also the chief investigating officer in main case pertaining to Charminar Bank registered as Cr.No.03/2002. The Pw18 who worked as DSP, CID from March 2002 to 14.06.2002, he received CD file from
Inspector of Police, submitted the final appreciation report, on his transfer handed over the CD file to DSP, CID. The Pw19 who earlier worked as DSP,
CID from 2007 to 2010, he collected the documents during the course of inves tigation, verified the investigation in this case done by the investigating offi cers, filed charge sheet before this Court. The Pw20 who earlier worked as
DSP, CID, who took up investigation from Pw16 and handed over the investi gation to Pw18. The Pw21 worked as DSP, CID, from 2002 to 2004, he re 49 Of 95 ceived case file from Pw16, subsequently addressed a letter to Government
Pleader, High Court in the matter of Writ Petition of 7925/2002, he submitted his final report and handed over the CD file to Pw20. The Pw22 is an indepen dent witness who was staying in the house at the relevant time, located in the locality where the addresses of one Yousuf Khan pertaining to the fictitious per son is mentioned.
74.In this case Ex.P1 is the report lodged by defacto complainant be fore Addl., DGP, CID, dated 26.03.2002, in the subject it is clearly mentioned that it is based on the representation given by one Haji Seth i.e, A1 in this case who is the proprietor of Mumtaz and Company, it is based on the fact that his company has cleared the dues on four accounts.
75.Ex.P2 is the Ledger sheet pertaining to M/s.Royal Supplier, propri etor Mehdi Hussain, who was sanctioned loan of Rs.85 lakhs, dated 28.08.1998. Ex.P3 is the ledger sheet pertaining to M/s.Sai Baba Enterprises, proprietor Yousuf Khan, who was sanctioned loan of Rs.97 lakhs, dated 01.08.1998. Ex.P4 is a ledger sheet pertaining to M/s.Golden Enterprises, pro prietor Md.Siraj, who was sanctioned loan of Rs.90 lakhs, dated 28.08.1998.
76.Ex.P5 is the ledger sheet pertaining to Mumtaz and Company, pro prietors as M.A.Muneem and Nayeem Zaki i.e., A1 & A8 in this case, who were sanctioned loan of Rs.95 lakhs, dt. 01.07.1998.
77.Exs.P6 to P9 are the cheques drawn by A1 in this case and also A8 in this case, Exs.P10 and P11 are pertaining to Royal Suppliers showing the cheques drawn by its Proprietor. Ex.P12 is the current account voucher pertain ing to Royal Suppliers, dated 28.08.1998, Ex.P13 is pertaining to Mumtaz and 50 Of 95
Company, Exs.P14 to P16 are the cheques drawn by the Proprietor of Golden
Enterprises, Ex.P17 is the current account voucher in the name of M/s.Golden
Enterprises, Exs.P18 to P21 are the cheques withdrawn by the Proprietor
Yousuf of Sai Baba Enterprises. Ex.P22 is the current account voucher pertain ing to Sai Baba Enterprises. Ex.P23 is the clarification letter addressed to
Deputy Superintendent of Police, CID from Managing Director, Charminar
Bank, dated 22.08.200. showing that one time settlement scheme was not ap plicable for Cooperative Banks and Chairman of Charminar Cooperative bank implemented the said schemes to four fictitious accounts of M/s.Mumtaz and
Company, M/s.Golden Enterprises, M/s.Sai Baba Enterprises, M/s.Royal Sup pliers.
78.Ex.P24 is a letter addressed by Pw10 to Inspector of Police,CID, showing that the five firms for which the information was sought have not been registered under Partnership Act. Ex.P25 was issued by Pw11 showing that one Sulthan Sallauddin was the owner to the house bearing No. 213428 as per the Assessment register for the year 1982 to 2002. Ex.P26 is the similar documents showing on Azghari Begum is the owner of premises bearing NO.
213406 as per the Assessment register pertaining to the year 1982 to 2002.
Ex.P27 is the ledger sheet pertaining to Imperial Gardens, A1 is shown as Pro prietor of the same but this document is no way connected to this case. Ex.P28 is the mediators report showing the seizure of Exs.P2 to P5. Ex.P29 is the medi ators report showing that there was no premises pertaining to Sai Baba Enter prises, even no person by name Yousuf Khan its proprietor is available. Ex.P30 is a similar report showing that no address such as Royal Suppliers is available and also no such person such as Mehdi Hassan. In fact Ex.P31 is also a similar document showing that no such address such as Golden Enterprises is avail 51 Of 95 able, even no person by name Md.Siraj is available in the address given in the mediators report.
79.Ex.P32 is the FIR in Cr.No.08/2002, dt.04.04.2002 based on Ex.P1 issued by Pw14. Exs.P33 to P49 are the documents pertaining to Sai Baba En terprises, Royal Suppliers, Golden Enterprises, Mumtaz and Company, even showing the letter of lien, schedule of property under mortgage, loan sanction orders, the note submitted to the Managing Director, etc., but all the docu ments are incomplete without bearing the signatures of the officers concerned or individual concerned.
80.Ex.P50 is the revised opinion of the counsel appearing for Charmi nar Bank in fact the same was document is marked as Ex.P73, which is an original one Ex.P50 seems to be a copy of Ex.P73. Even Exs.P51 to P70 are the documents pertaining to above said firms such as note submitted to the Manag ing Director, Charminar Bank, letter or guarantee, promissory notes, take deliv ery letters, letter of lien without any signatures of either concerned officers or parties to the document.
81.Ex.P71 is a document pertaining to New India Assurance Company showing the insurance of M/s.Golden Enterprises. Ex.P72 is also a legal opin ion pertaining to the property of A8 issued by counsel. Ex.P73 is a revised opin ion issued by the counsel for the bank in respect of the property intended to be mortgaged before the Charminar Bank.
82.Exs.P74 & 75 are unclaimed cover with acknowledgment. Exs.P76 to P95 are various documents pertaining to the above said firms such as letter 52 Of 95 of guarantee, schedule of property, application for advance, loan sanction con ditions, promissory notes, take delivery letters, demand notice, etc, without the signatures and proper details of either bank officials or parties concerned.
83.Ex.P96 is the legal notice sent to A1, A8 and their guarantor, dated 20.03.2001. Ex.P97 is valuation report by approved valuer of Charminar coop erative bank, wherein schedule of property is shown as Commercial property situated on main road from MJ.Market to Nampally. Exs.P98 to P101 are xerox copies of nodue certificates alleged to have been issued by A4 in respect of
Mumtaz and Company, Royal Suppliers, Golden Enterprises, Sai Baba Enter prises.
84.Ex.P102 is a information sheet for advance sanctioned in respect of
Imperial Gardens Proprietor is shown as A1, but this documents is no way con cerned with the present case. Ex.P103 is the mediators report showing the seizure of P102. Ex.P104 is the note submitted to Managing Director in respect of the loan for Imperial Gardens. This is also nothing to do with the present case, likewise Ex.P105.Exs.P106 to P120 are improperly filled documents pertaining to Charminar Cooperative Bank. Exs.P121 & P122 are the docu ments of mortgage. Ex.P123 is a document pertaining to equitable mortgage, the property is shown as common property of A1 & his brothers, likewise
Exs.P124 to P126. Exs.P127 to P138 are the documents pertaining to the above said firms of Charminar Cooperative Bank and all the documents are improperly filled documents. Ex.P139 shows that the premises bearing No. 10 1123/A/4 does not exist in Saifabad locality.
53 Of 95
85.One of the important document is Ex.P140 which is a letter issued from RBI to Addl., General of Police, CID showing that One Time Settlement
Scheme was not available to Cooperative Urban Bank Limited during the pe riod 20.08.2001 to 18.12.2001. Ex.P141 is EC pertaining to the property which is mortgaged by A1 & A8 commonly to all the firms. Ex.P142 is a blank cheque book signed by one person, his name is not mentioned, the book is in the name of M/s.Imperial Gardens, which is not the subject matter in this case. Ex.P143 is the attested copy of list of property seized from Charminar Cooperative Ur ban Bank Limited, recovery division. Ex.P144 is attested copy of list of files/documents seized by Investigating Officer. Ex.P145 is not marked as Ex hibit due to over sight and the continuation of next exhibit is given number as
Ex.P146. All the above said documents till Ex.P144 are marked in earlier occa sion before recall of PW16 in this case.
86.The subsequent documents I am going to discuss now are the doc uments which are marked by the prosecution after filing of recall petition of
Pw16 during his evidence.
87.Ex.P146 is letter addressed to Bank Manager, dt.11.06.1998 by
Partner Mumtaz & Company. Ex.P147 is the application for current accounts containing no photographs, addressed to Manager Charminar Cooperative Ur ban Bank Limited. Ex.P148 is specimen signature pertaining to A1. Ex.P149 is the letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, by partner of Mumtaz and Company bearing no date for issuance of cheque book containing 50 leaves. Ex.P150 is one page pertaining to Mumtaz and
Company in current deposit ledger in account bearing No.1273 of Mumtaz and
Company. Ex.P151 is counter foil for an amount of Rs.3,80,000/. Ex.P152 is 54 Of 95 containing three pages is an application for advance, dt.22.06.1998, addressed to Managing Director, Charminar Cooperative Urban Bank Limited, pertaining to Mumtaz and Company. Ex.P153 is the list of coobligants/guarantors men tioning the names of M.A.Nayeem Zakee and M.A.Muneem. Ex.P154 is sched ule of security addressed to Charminar Cooperative Urban Bank Limited, dated 22.06.1998. Ex.P155 is loan agreement dt. 22.06.1998, but the stamp pertain ing to Ramaniah, SubRegistrar is showing date as 21.04.1998. Ex.P156 is the letter of guarantee, addressed to managing director, Charminar Cooperative
Urban Bank Limited, containing no date, but the stamp pertaining to Rama niah, SubRegistrar is showing date as 21.04.1998.
88. Ex.P157 is the promissory note, dt. 22.06.1998, executed by M.A.
Nayeem Zakee and M.A.Muneem for an amount of Rs.95 lakhs. Ex.P158 is the letter of wavier, dt.22.06.1998, addressed to Managing Director, Charminar
Cooperative Urban Bank Limited, the names of Nayeem and Muneem were in serted with pen. Ex.P159 is the take delivery letter, dt. 22.06.1998 from M.A.
Nayeem Zakee, addressed to Managing Director, Charminar Cooperative Urban
Bank Limited. Ex.P160 is the letter addressed to the Managing Director,
Charminar Cooperative Urban Bank Limited, dt.22.06.1998, amount is men tioned as Rs.95 lakhs.
89.Ex.P161 is letter of lien, dt.22.06.1998 from Nayeem Zakee and
M.A.Muneem to the General Manager, Charminar Cooperative Urban Bank
Limited. Ex.P162 is a application for admission as member, dt.22.06.1998 showing that 100 shares worth Rs.2,500/ were purchased by M.A.Nayeem Za kee and M.A.Muneem. Ex.P163 is specimen signature of partner of Mumtaz and Company. Ex.P164 is memorandum of equitable mortgage, amount of 55 Of 95
Rs.95 lakhs is mentioned, dt.22.06.1998. Ex.P165 is schedule of property per taining to house bearing No.58110, 110/5 & 111/B, Nampally, Hyderabad.
Ex.P166 is the equitable mortgage, dt.22.06.1998, for an amount of Rs.95 lakhs, the title of the documents and house number has mentioned in Ex.P165.
Ex.P167 is trade advances containing no date for Mumtaz and Company.
Ex.P168 is Inspection report, pertaining to Mumtaz and Company, containing no date, even the signatures of Inspecting Officer or Managing Director are not found. Ex.P169 is a letter addressed to Chairman, Charminar Cooperative Ur ban Bank Limited, dt.08.06.1998, for financial assistance of Rs.95 lakhs, ad dressed by partners of Mumtaz and Company. Ex.P170 is the letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, containing no date by the partners Mumtaz and Company. Ex.P171 is a letter addressed to Chair man, Charminar Cooperative Urban Bank Limited, containing no date.
Ex.P172 is also addressed to Chairman, Charminar Cooperative Urban Bank
Limited, for release of term loan in the name of Mairaj Textiles, even current accounts. Ex.P173 is letter addressed to Chairman, Charminar Cooperative Ur ban Bank Limited, containing no date, for deposit of 35 cheques before the bank. Ex.P174 is the statement showing the loan application pertaining to
Mumtaz and company, appraised and sanctioned.
90. Ex.P175 valuation report given by Deputy Executive Engineer, containing no date but the month and year are mentioned as June 1998.
Ex.P176 is containing three sheets, it is a note submitted to Managing Director.
Ex.P177 is loan sanction order conditions without the signature of Managing
Director. Ex.P178 is demand loan application pertaining to Mumtaz and Com pany, dated 12.06.1998 for an amount of Rs.95 lakhs. Ex.P179 is containing two pages, it is a legal notice issued to the proprietors of Sai Baba Enterprises,
Shalimar Gardens, dt.20.03.2001. Ex.P180 is an application for current ac 56 Of 95 counts containing no photographs of applicant which is pertaining to Sai Baba
Enterprises.
91.Ex.P181 is specimen signatures pertaining to the Proprietor Sai
Baba Enterprises. Ex.P182 is the current deposit ledger for account no.1286 pertaining to Sai Baba Enterprises. Ex.P183 is an application for advance for small advance dt.30.06.1998 in the name of Yousuf Khan pertaining to Sai
Baba Enterprises. Ex.P184 is particulars of coobligants/guarantor in two sheets in the name of M.A.Muneem and M.A.Nayeem. Ex.P185 is the deed of mortgage executed by Abdul Raheem and Six others for consideration of an amount of Rs.97 lakhs. Ex.P186 is schedule of property to the premises house bearing No. 58323/2, situated at Nampally, Hyderabad. Ex.P187 is equitable mortgage dt.30.06.1998 for an amount of Rs.97 lakhs. Ex.P188 is particulars of coobligants/guarantors by name M.A.Shameem, M.A.Waseem. Ex.P189 is a letter addressed to Charminar Cooperative Urban Bank Limited, head office, dt.17.06.1998 from one Yousuf for Sai Baba Enterprises. Ex.P190 it is a loan agreement standing in the name of Yousuf Khan for Sai Baba Enterprises, dt.17.06.1998 but the stamp of SubRegistrar is showing as 21.04.1998.
92.Ex.P191 it is a letter of guarantee in the name of Yousuf Khan for
Sai Baba Enterprises, the stamp of SubRegistrar is showing as 21.04.1998.
Ex.P192 is promissory note executed by Yousuf Khan for an amount of Rs.97 lakhs. Ex.P193 is a letter of waiver executed by Yousuf Khan for an amount of
Rs.97 lakhs. Ex.P194 is take delivery letter executed by Yousuf Khan for an amount of Rs.97 lakhs. Ex.P195 is a letter addressed by Yousuf Khan for an amount of Rs.97 lakhs. Ex.P196 is a letter of lien executed by Yousuf Khan to
General Manager, Charminar Cooperative Urban Bank Limited for an amount 57 Of 95 of Rs.97 lakhs. Ex.P197 is particulars of coobligants/guarantors. Ex.P198 is business profile of Sai Baba Enterprises. Ex.P199 is letter addressed to the
Chairman, Charminar Cooperative Urban Bank Limited. Ex.P200 is an Inspec tion Report pertaining to Sai Baba Enterprises.
93.Ex.P201 is a letter addressed to Chairman, Charminar Coopera tive Urban Bank Limited, from Yousuf Khan, Proprietor of Sai Baba Enterprises.
Ex.P202 is trade advances form. Ex.P203 is a letter addressed to Chairman,
Charminar Cooperative Urban Bank Limited. Ex.P204 is a valuation report of property by executing engineer approved valuer of Charminar Cooperative Ur ban Bank Limited. Ex.P205 is the legal opinion, dt.27.06.1998. Ex.P206 is note submitted to the Managing Director, Dt.30.06.1998. Ex.P207 is the loan sanc tion order conditions pertaining to Sai Baba Enterprise. Ex.P208 is a demand loan debit voucher, dt.30.06.1998. Ex.P209 is the pay order pertaining to Sai
Baba Enterprises for an amount of Rs.50 lakhs, dt.28.08.1998. Ex.P210 is the current voucher, dt.28.08.1998 for an amount of rs.50 lakhs.
94.Ex.P211 is the debit voucher pertaining to Sai Baba Enterprises, dt.28.08.1998 for an amount of Rs.50 lakhs. Ex.P212 is the cheque issued by
Proprietor of Sai Baba Enterprises dt.20.10.1998 for an amount of
Rs.3,64,500/. Ex.P213 is the cheque issued by Proprietor of Sai Baba Enter prises, dt.20.12.1998 for an amount of Rs.3,64,500/. Ex.P214 is the cheque is sued by Proprietor of Sai Baba Enterprises, dt.20.01.1999 for an amount of
Rs.3,64,500/. Ex.P215 is the notice issued U/Sec.138 of N.I.Act which was issued to Yousuf Khan proprietor Sai Baba Enterprises. Ex.P216 is an applica tion for current accounts containing no photograph, addressed to Managing Di rector, Charminar Cooperative Urban Bank Limited, addressed by the Propri 58 Of 95 etor Royal Suppliers. Ex.P217 is specimen signature. Ex.P218 is current deposit ledger pertaining to account bearing No.1341 pertaining to Royal Enterprises.
Ex.P219 is an application for advance small traders, dt.17.06.1998, addressed to Managing Director, Charminar Cooperative Urban Bank Limited by Mehdi
Hassan of Royal Suppliers. Ex.P220 is the loan sanction order condtions issued to Khaleem Unnisa Begum by the Managing Director, Charminar Cooperative
Urban Bank Limited.
95.Ex.P221 is mortgage memorandum for an amount of Rs.85 lakhs of M.A.Nayeem and six others. Ex.P222 is schedule of property comprising of house bearing No.58110, 2, 3, 4 & 5, Station Road, Nampally. Ex.P223 is the loan agreement executed by Khaleem Unnisa Begum for Royal Suppliers.
Ex.P224 is letter of guarantee addressed to Managing Director, Charminar Co operative Urban Bank Limited. Ex.P225 is promissory note executed by Mehdi
Hassan for Royal Suppliers. Ex.P226 is letter of waiver, dt.17.06.1998. Ex.P227 is take delivery letter, dt.17.06.1998. Ex.P228 is letter addressed by Proprietor
Royal Suppliers to Managing Director, Charminar Cooperative Urban Bank
Limited. Ex.P229 is letter of lien, dt.17.06.1998. Ex.P230 is mortgage memo randum, executed by one Fazal.
96.Ex.P231 is the schedule of property comprising of premises bear ing No.58110, 2, 3, 4 & 5, station road, Nampally. Ex.P232 is equitable mort gage deed. Ex.P233 is equitable mortgage deed, dt.18.06.1998. Ex.P234 is par ticulars of coobligants/guarantors. Ex.P235 is letter addressed to Charminar
Cooperative Urban Bank Limited by Royal Suppliers represented by it’s Propri etor. Ex.P236 is the letter addressed to Chairman, Charminar Cooperative Ur ban Bank Limited for issuance of cheque book. Ex.P237 is the letter addressed to Chairman, Charminar Cooperative Urban Bank Limited mentioning the stock lying with Royal Suppliers. Ex.P238 is trade advances form of appraisal of 59 Of 95 working capital. Ex.P239 is the Inspection Report of Royal Suppliers. Ex.P240 is the letter addressed to Chairman, Charminar Cooperative Urban Bank Lim ited, dt.08.06.1998 for financial assistance by way of demand loan of Rs.99 lakhs, addressed by Mehdi Hassan, Proprietor of Royal Suppliers.
97.Ex.P241 is the statement showing loan application appraised and sanctioned in the board meeting, pertaining to Royal Suppliers. Ex.P242 is let ter addressed to Charminar Cooperative Urban Bank Limited, by Abdul Nay eem Zakee, Abdul Hakim Zakee. Ex.P243 is letter addressed to Charminar Co operative Urban Bank Limited, by one Fazal. Ex.P244 is note submitted to the managing director, dt.17.06.1998. Ex.P245 is the debit voucher, dt.28.08.1998 for an amount of Rs.35 lakhs. Ex.P246 is the Insurance certificate pertaining to
New India Assurance Company in the name of M.A.Kaleema and others, the details of said persons are not brought on record at any point of time. Ex.P246 is an application for current accounts of Golden Enterprises, addressed to Man aging Director, Charminar Cooperative Urban Bank Limited. Ex.P247 is cur rent account deposit ledger for an amount bearing No.1342 of Golden Enter prises. Ex.P248 is specimen signatures of Siraj of Golden Enterprises. Ex.P249 is current account deposit ledger for an amount bearing No.1342 of golden En terprises. Ex.P250 is current deposit ledger for an amount bearing No.1342 of
Golden Enterprises.
98.Ex.P251 is an application in advance small traders dated 17.06.1998 which was addressed to Managing Director, Charminar Coopera tive Urban Bank Limited, on behalf of M/s.Golden Enterprises. Ex.P252 is the particulars of coobligant/guarantor in which the name of one Fazalunnisa Be gum, W/o.Ali Ahmed, aged 75 years, R/o.Somajiguda, Hyderabad, is men tioned, it is containing the signature of one Fazal. Ex.P253 is a memorandum of mortgage in the name of M.A.Nayeem and six others but there are signa 60 Of 95 tures of ten persons on the said document. Ex.P254 is schedule of property for house bearing No. 58110, 2, 3, 4 & 5, station road, Nampally, Hyderabad.
Ex.P255 is equitable mortgage executed by M.A.Kaleem and eight others but signatures of ten persons are present in the said document. Ex.P256 is particu lars of coobligants/guarantors in which the names of one M.A.Hateem, M.A.
Multazim is mentioned. Ex.P257 is a letter addressed to Charminar Coopera tive Urban Bank Limited, head office by Siraj, dt.17.06.1998, the schedule of security colmun is kept blank. Ex.P258 is loan agreement executed by Md.Siraj, dt.17.06.1998, the stamp of P.Ramaniah, SubRegistrar/Superintendent is con taining the date as 21.04.1998. Ex.P259 is the letter of guarantee. Ex.P260 is a promissory note dated 17.06.1998 executed in the name of M/s.Golden Enter prises signed by Siraj.
99.Ex.P261 is letter of wavier, executed by Siraj as Proprietor of
Golden Enterprises, dated 17.06.1998. Ex.P262 is take delivery letter, dt.17.06.1998 for an amount of Rs.90 lakhs. Ex.P263 is letter addressed to the
Managing Director, Charminar Cooperative Urban Bank Limited, dt.17.06.1998, signed by Siraj, Proprietor for Golden Enterprises. Ex.P264 is a letter of lien dt.17.06.1998 from Md.Siraj, but the schedule column is kept blank. Ex.P265 is mortgage memorandum executed by Khaleemunnisa Begum for an amount of Rs.90 lakhs but the signatures of one Siraj and Fazal are found in the said document. Ex.P266 is schedule of property for house bearing
No.63894, Somajiguda, Hyderabad, belonging to Khaleemunnisa Begum but the signature of mortgagee is kept blank. Ex.P267 is equitable mortgage deed
dated 17.06.1998 executed by Khaleemunnisa Begum but the signature of one
Fazal and Siraj are found in the said document. Ex.P268 is business profile of
Golden Enterprises. Ex.P269 is a letter addressed to Chairman, Charminar Co operative Urban Bank Limited, dt.08.06.1998, for financial assistance of
Rs.99.50 lakhs. Ex.P270 is a letter addrssed to Chairman, Charminar Coopera 61 Of 95 tive Urban Bank Limited, in regard to depositing of original documents men tioned in the list of documents of that document, but it is seen that the said documents for which list is mentioned are not filed or marked before this
Court.
100.Ex.P271 is letter addressed to Charminar Cooperative Urban Bank
Limited in regard to depositing of original documents mentioned in the list of documents of that document, but it is seen that the said documents for which list is mentioned are not filed or marked before this Court. Ex.P272 is valuation report of property bearing No. 58323/1 to 5, dt.20.06.1998. Ex.P273 is In spection Report pertaining to golden enterprises. Ex.P274 is trade advances form of appraisal for working capital of Golden Enterprises. Ex.P275 is state ment showing the loan application appraised and sanctioned in the board meeting for an amount of Rs.99.50 lakhs of golden enterprises. Ex.P276 is a note submitted to the Managing Director, Charminar Cooperative Urban Bank
Limited, dt.18.06.1998. Ex.P277 is the legal notice sent to M/s.Golden Enter prises, dt. 07.01.1999. Ex.P278 is the debit voucher, dt.28.08.1998 for an amount of Rs.60 lakhs. Ex.P279 is a pay order, dt. 28.08.1998 for an amount of
Rs.60 lakhs. Ex.P280 is debit voucher, dt. 28.08.1998 for an amount of Rs.30 lakhs.
101.Ex.P281 is the cheque bearing No. 050451, signed by Siraj for an amount of Rs.3,72,000/, dt.10.11.1998. Ex.P282 is the cheque bearing No.
050452, signed by Siraj for an amount of Rs.3,38,000/, dt.10.12.1998.
Ex.P283 is letter addressed to Chairman, Charminar Cooperative Urban Bank
Limited by A1.
(Ex.D1 is relevant portion in the statement of Pw1 who was the
MD of Charminar Cooperative Bank, recorded by Inspector of Police, CID when 62 Of 95 he was in Central Prison, Chanchulguda, recorded at the office of Jailer, dt.
20.04.2002).
102. It is seen that Ex.P1 shows that it was lodged by Pw1 before
Addl., Director General of Police, CID, AP., dated 26.03.2002 showing that A1 in this case i.e., Haji Seth claimed that he has no dues in the four accounts, but there were outstanding dues in the said four accounts as he read the same in the newspaper, he verified the same, as there was outstanding amount, there was no one time settlement to their bank as on the alleged date, hence he lodged report i.e., Ex.P1, Ex.P2 is advance ledger pertaining to M/s.Royal Sup pliers, but no where in the said document there is evidence of sanctioning of loan of Rs.85 lakhs to the said firm as the entries from 31.03.2001 are only mentioned in the said document, the Investigating Officer did not collect the extract of said ledger from the date of sanction of loan, even in regard to the credit of the said amount in the said account, even the withdrawals made by
A1 & A8 from the said account.
103.So as to Ex.P3 which is also pertaining to Sai Baba Enterprises, it is also a brought forward extract, dt.30.07.2001, the credit of sanctioned Rs.97 lakhs amount is not been reflected in the said document, even in regard to
Credit and debits in issue. Ex.P4 i.e., pertaining to M/s.Golden Enterprises per taining to MD.Siraj (fictitious person), even there is no entry of credit of Rs.90 lakhs in the said account and also the debit of amounts from the said accounts by A1 & A8 even it is also a brought forward extract from 23.01.2001, so as to
Ex.P5 which is pertaining to Mumtaz and Company pertaining to A1, even there is no entry of sanction of Rs.95 lakhs as it is a brought forward register from 31.03.2001, the credits even the debits from the said account as allegedly 63 Of 95 withdrawn by A1 in this case were not brought on record as all the said entries pertaining to the year 2001.
104.It is pertinent to note that Exs.P6 to P11, P14 to P16, P18 to P21 are the cheques alleged to have been withdrawn by A1 & A8 directly from their respective loan accounts of the firms and also through fictitious firms and all the cheques were pertaining to the year 1998, as already discussed above,
Exs.P2 to P5, P27 are not containing any entry in regard to withdrawal of al leged amounts by A1 & A8. Exs.P12, P13, P22 are the cash deposit vouchers af ter sanction of loan, the said amounts were credited in Royal Supplier, Mumtaz and Company, Sai Baba Enterprises respectively but the said entries were not shown in the Exs.P2 to P5, P27 as above discussed.
105.The Ex.P23 is showing that there was no scheme of One Time Set tlement for Charminar Cooperative Bank Limited and A1 & A8 in this case with the conspiracy of A2 in this case, violated the guidelines of RBI.The
Ex.P24 is also showing that all the firms including the Imperial Gardens were not registered. As mentioned in Ex.P25 that the property bearing No. 213428 is standing in the name of Sulthan Sallauddin, the said person was not exam ined by the Investigating Officer to show that whether there was any firm being established in the said premises at any point of time, even Ex.P26 is referring the name of one Azgari Begum who is the owner of premises bearing No. 213 406 was also not examined.
106.The Exs.P28 & P29 shows the seizue of documents pertaining to above said firms, Ex.P30 is showing the nonexistence of Royal Enterprises, 64 Of 95
Ex.P31 is showing the nonexistence of Golden Enterprises in the given premises. Ex.P32 is FIR based on Ex.P1 lodged by Pw1.
107.The Exs.P33 to P144 (except Ex.P142 as it contains the signatures of one person but no name is mentioned but the cheque book is in the name if
M/s.Imperial Garden i.e., the property kept for collateral security) are not sub ject matter for discussion as the said documents are not containing any rele vant entries such as names of the applicant, description of the property, dates, names of the guarantors, signatures of the applicants, signatures of the guaran tors at least the photographs of the persons in concerned columns etc.
108.So as to the documents i.e., Exs.P146 is concerned is only a letter from A1 for opening of bank account, Ex.P147 is the application for current ac count, the signatures of A1 & A8 are present in the said document. Ex.P149 is showing the requisition for issuance of cheque. Ex.P148 is the specimen signa tures card contains the signatures of A1 & A8. It is pertinent to note that
Ex.P150 is a current account deposit which is showing the entries from 12.06.1998, showing a credit of Rs.31,66,000/ as on 12.06.1998 and it is con taining the debit and credits in the said accounts, but it is not containing the signatures of bank officials or the stamp of Charminar Bank as to show the is suance of said documents.
109.Ex.P151 is showing the monthly installment transferred to the ac count pertaining to A1. Ex.P152 is an application for an advance, but it is not containing the signatures of total officers in Pg.No.5 as required, Ex.P154 is also not containing the details of security offered under the said form and it is kept blank. Ex.P155 is also showing the loan agreement entered by A1 & A8.
Ex.P161 is also a letter of lien signed by A1 & A8 but scheduled is not men 65 Of 95 tioned. Ex.P162 is showing it is an application an admission as member on pur chase of 100 shares for an amount of Rs.2,500/ by A1 & A8. Ex.P167 is also not containing the signatures of the officers concerned in the said form.
Ex.P168 is an Inspection report, it is also containing no signature of either in specting officer or managing director, generally after inspection only the pro posal will be made for sanctioning of loans. Ex.P169 and P170 are showing ap plication for financial assistance of Rs.95 lakhs for Mumtaz and Company and the property of stock is shown as stock lying with Mumtaz and Company.
Ex.P172 is showing the release of term loan. Ex.P174 are showing the particu lars for sanction of loan whether they were complied or not is not mentioned.
Ex.P175 is valuation of the property kept as collateral security, the persons mentioned as owners of the said property were not in total are brought on record or the relevant persons are examined. Ex.P176 is showing A1 & A8 as partners and the attachment is containing the signatures of ten persons, the de scription of the same are not mentioned. Ex.P177 is not signed by Managing
Director or any concerned bank official. Ex.P178 is showing the debit of Rs.95 lakhs, it is debit voucher. Ex.P179 is a legal notice, issued to A1 & A8 and one
Yousuf Khan (fictitious person). Ex.P180 is containing the signature of one
Yousuf as partner of Sai Baba Enterprises, he is found to be a fictitious person and the photograph of one Hindu lady was affixed on Ex.P181 no details are mentioned why her photograph was affixed to Ex.P181. Ex.P182 is also show ing credit of Rs.96,77,333/ in Sai Baba Enterprises, on 30.06.1998 but there is no signature or stamp of bank official showing it was issued by bank authori ties. Ex.P183 is in the name of Yousuf Khan i.e., fictitious person. Ex.P184 is in the name of A8, but total signatures of officials are not mentioned in the said document. The signatures of total ten persons are present in Ex.P185, there is no explanation that who are all, why their signatures were present in the mort gage memorandum for the loan advance to Yousuf Khan i.e., fictitious person, 66 Of 95 even Exs.P187, P188 shows the same. Ex.P189 contains no schedule of securi ties. Ex.P190 contains the signature of Yousuf i.e., fictitious person.
110.Exs.P191 to P196 are bearing the signatures of Yousuf for Sai Baba
Enterprises (fictitious person), the name mentioned in Ex.P197 is not con nected with any of the accused in this case as per record including the signa tures of coobligant. Exs.P198 to P207 are pertaining to Sai Baba Enterprises, the signature is mentioned as Yousuf as its proprietor (fictitious Person).
Exs.P208 to P214 are the cheques and pay orders but the reflection of same are not mentioned in Exs.P2 to P5, P27. Ex.P215 is a legal notice issued U/Sec.138 to Sai Baba Enterprises, in fact as per the evidence of prosecution the said per son is not in existence. The evidence of Pw5, Pw22 reveals the same. Exs.P216 to P245 are pertaining to Royal Suppliers and even Ex.P218 does not bear the signature of bank official or the Investigating Officer who collected the same.
As per evidence there was no firm or proprietor for Royal Suppliers. Exs.P230 &P231 bears the signature of one Fazal without any stamp or designation of said person on the said document. Exs.P246 is the Issuance Policy taken in the name of M.A.Kaleem and others, how this document is connected to this case is not brought on record. Exs.P247 to P277 are dealing with documents pertain ing to Golden Enterprises, and the name of one Siraj is mentioned in some of the relevant columns as proprietor of the firm, but it is found to be fictitious person. Exs.P278 to P282 contains the signatures of one Siraj i.e., Ex.P281 &
P282 and others are debit vouchers containing the signature of bank officials but the the said debit and credit entries are not reflected in the relevant loan accounts. Finally Ex.P283 is a document which is a letter addressed to A1 showing mortgaging of M/s.Shalimar Gardens situated at Nampally along with his children and deposit of title deeds pertaining to loan of M/s.Imperial Gar dens.
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111.In this case the version of prosecution is in conspiracy with the em ployees of Charminar Bank, A1 & A8 has created the fabricated documents, submitted the same for verification and even with the help of A2 who is no more, as he committed suicide, he with conspiracy with A3, A10 made A4 in this case to issue no due certificates in the name of four firms, it is pertinent to note that in this case except filing of documents above and the formal evidence of bank officials prosecution failed to establish what was the conspiracy be tween A1, A8 and A3, A4 and A10, what was the deal between the bank offi cials for sanctioning of loans to the said fictitious firms alleged to have been created by A1 & A8, the Investigating Officer admittedly did not collect the originals of no due certificates which were alleged to have been issued by A4 in this case. Exs.P99 to P101 are the alleged Xerox copies of alleged no due cer tificates issued by A4 in this case dated 18.12.2001, why no efforts have been made by the Investigating Officer as to collect the original documents from concerned persons.
112.Even in this case Ex.P23 is a letter addressed by Managing Direc tor, Charminar Cooperative Bank, to Deputy Superintendent of Police, CID, Hy derabad, dated 22.08.2003 showing that there was no One Time Settlement
Scheme available during the said period to the cooperative banks in Andhra
Pradesh. It is a crucial document for the purpose of investigation, the enclo sures which deals with the copy of audit report, minutes of board meeting and copy of OTS register were not marked by the prosecution as they were not filed along with charge sheet or at any point time before this Court. Even
Exs.P28 & P29 are the documents showing the seizure of photostat copies and advanced ledger folios of said firms which were alleged to have been seized in the presence of mediators but in this case all the documents which are alleged 68 Of 95 to have been seized in the presence of mediators are not containing the signa tures of Pws13 & 14.
113. Moreover in this case the prosecution first has to establish that there was the credit of sanction amount of alleged loans in the accounts of four fictitious firms and subsequently withdrawing the same by A1 & A8 in this case. The documents referred are not completely reflecting the withdrawing the amounts by A1 & A8 sanctioned in the names of four fictitious firms, the cheques filed in this case, marked as exhibits are containing the dates almost all of the year 1998, but the relevant entries of withdrawing of said amount by
A1 & A8 are not brought on record, to show that the amount which were cred ited in the four fictitious firms accounts were withdrawn by A1 & A8 in this case, even the witnesses i.e., Pws3 & 4 during their cross examination did not give proper answer in regard to conspiracy of A4 for issuing of no due certifi cates in this case in the name of four fictitious firms. The evidences i.e., Pws5 to 8 & 22 discloses the fact of nonexistence of firms as alleged by the prosecu tion, but there is no proper evidence before the Court who was responsible for opening of said fictitious account i.e., with collusion of whom A1 & A8 took such a drastic step of opening of accounts in the name of four fictitious firms, even in the case the role of A3, A4 & A10 are not completely brought on record as to how those persons were part of conspiracy with A1 and A8.
114.As already discussed the documents which the prosecution got marked during the evidences of Pws1 to 22 is not showing the role of particu lar bank officials as to negligent verification of bank records. Even the further documents i.e., especially Exs.P25 & P26 are showing the name of owners of the premises in question, they were not brought on record before this Court. As there are many lacunas and defective investigation in this case which is show ing even though admittedly there were four fictitious firms which are brought 69 Of 95 on record in this case, but the lapse of investigation does not reveal that how
A1 & A8 have created such big number of fabricated documents and if it is with the conspiracy of bank officials such as A3, A4 & A10, the Investigating Officers ought to have collected the documents to bring the said accused in the purview of conspiracy with A1 & A8 in this case.
115. In my view the fact of existence of four fictitious firms during the relevant time were brought on record before this Court except that one no other proper record is brought before this court to show that the A1 & A8 in this case with conspiracy of A3, A9 and A10 have made A4 in this case to issue no due certificate in the names of four fictitious firms. At one point of time it has come on record that because of pressure and threat of A2 who is no more,
A4 did the same, but no evidence is collected by the Investigating agency ex cept the evidences of bank officials as to prove the conspiracy between all the accused in this case, even in regard to the what was the consideration to A3,
A4 & A10 for helping A1 & A8 is not brought on record, because generally if any official violates the rules and regulations of his/her institution, there must be either threat or illegal consideration of any kind, but no such instance is brought on record in respect of A3, A4 & A10 in this case. Even in regard to role of A4 for issuance of no due certificates i.e., Exs.P97 to P101.
.
The learned APP in reply to the written arguments filed by counsel for
A1, A3 & A10 relied on citations reported as follows:
1. 2014 LawSuit (AP) 318 in Byreddy Rajashekar Reddy Vs. State,
2. 2015 LawSuit (SC) 531 in Ranjeet Kumar Ram @ Ranjeet Kumar Das Vs.
State of Bihar,
3. 2004 LawSuit (SC) 1102 in State of UP Vs. Farid Khan
116.She argued that for the offence of criminal conspiracy normally no 70 Of 95 direct evidence will be available. The role played by the conspirators has to be gathered from the facts and circumstances leading to commission of offence. In this case as the offences alleged against all the accused are serious in nature and there is no direct evidence of criminal conspiracy in fact the documents submitted by prosecution regarding number of copies of documents itself shows that by colluding with the bank officials i.e., the accused in this case all the fake documents were created by A1 & A8, submitted the same as the documents of fictitious firms.
117.Her clarification in regard to the argument of defence counsel that Pw1 is involved in a criminal case, even his 161 Cr.P.C. statement was recorded by Police when he is in judicial custody, the learned APP argued that of course the evidence of witness, who has got a criminal background is to be viewed with caution, but if such an evidence gets sufficient corroboration from the evidence of other witnesses, there is nothing wrong in accepting such evidence, even though Pw1 is one of the accused pertaining to Charminar
Cooperative Urban Bank Limited, but he is very competent to give evidence
before this Court, his evidence cannot be discarded.
118.Even she further argued that it is well settled law that in criminal trials if the investigation is defective the rest of the evidence must be scrutinized independently of impact of the defects in the investigation, otherwise the criminal trial will plummit to the level of investigation. Criminal trials should not be made causalities for any lapses committed by the investigating officer. As it was held by Hon’ble Supreme Court that even if there was any deficiency in the investigation that cannot be ground for discrediting the prosecution version. She further argued that the involvement of accused in this case regarding the conspiracy can be taken into consideration 71 Of 95 by observing the documents pertaining to loan files as some of them are not signed by concerned authorities and some of the documents are having more than two sets of documents that itself shows that without collusion of bank employees the third party to the bank cannot file all the defective documents
before the bank. The omissions, contradictions, and discrepancies in the
evidence of prosecution witnesses cannot be given undue importance, as those documents cannot go to the root of alleged allegations. The documents Ex.P28 to P30 which are marked before this Court shows that all the documents pertaining to four fictitious firms were seized in the presence of mediators and as the mediators supported the version of the prosecution, hence it can be said that whatever the documents marked before this Court pertaining to loan files of four firms were existence as on the date of seizure of the same, those documents were obtained from bank, hence it is clear that the said documents were submitted by A1 & A8 in respect of loans obtained by them.
119.The learned counsel for A1, A3 & A10 submitted in reply that the ingredients of Sec.120B of IPC are that there should be an agreement between the persons who alleged to conspire and the said agreement should be for doing an illegal act or for doing an illegal act by illegal means which by itself may not be illegal, therefore, the essence of criminal conspiracy is an agreement to do any illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both and it is a matter of common experience that direct evidence to prove conspiracy is rarely available, therefore, circumstances proved before, during and after the occurrence have to be considered about the complicity of the accused. But if those circumstances are compatible also with the innocence of the accused persons then it cannot be held that the prosecution has successfully established its case, even if some acts are proved to have been committed it must be clear that there were so committed in pursuance of an agreement made between the accused 72 Of 95 who were parties to the alleged conspiracy, inference from such proved circumstances regarding the guilt may be drawn only when such circumstances are incapable of any other reasonable explanation, the circumstances relied by the prosecution are not established by cogent and reliable evidence, even otherwise it cannot be said that those circumstances are incapable of any other reasonable interpretation.
120.In this case the allegation against the accused are that A1 & A8 are that they are brothers, who have approached the Charminar Bank Officials for the purpose of loan and they have submitted the fake documents in the name of four firms in which Mumtaz and Company, belongs to them and other four firms i.e., M/s.Sai Baba Enterprises, M/s.Royal Suppliers, M/s.Golden Enter prises, they have obtained the loan in the name of four firms i.e., Rs.25 lakhs,
Mumtaz and Company Rs.97 lakhs in the name of Sai Baba Enterprises, Rs.90 lakhs in the name of Golden Enterprises, Rs.85 lakhs in the name of Royal Sup pliers, as on 28.12.2001 they could repay only part of the loan amount and there was outstanding amount i.e., Rs.70,29,462/ in the name of Mumtaz and
Company, Rs.95,57,014/ in the name of M/s.Sai Baba Enterprises,
Rs.42,97,970/ in the name of M/s.Golden Enterprises, Rs.31,92,654/ in the name of M/s.Royal Suppliers as on the date of knowledge in this case, it was established that A9 in this case introduced fictitious firms in the name of A1 &
A8 and they got current account opened for the said accounts, A1 & A8 got sanctioned huge loan amounts, both of them withdrawn much amount from said loan accounts, even the entire process was done with a criminal intention by A1 & A8 in conspiracy with bank officials of Charminar Cooperative Bank, it came to light that A1 intentionally got paper publication stating that he got no due certificates in his favour and he has paid the said amount under one time settlement scheme wherein the said facility was not at all available with
Charminar Bank as per the rules of Reserve Bank of India from 20.08.2001 to 73 Of 95 18.12.2001, even in this case on verification it was found that the photo of son of A1 by name Wasim was affixed in the place of one Md.Siraj, pertaining to
M/s.Golden Enterprises, the photograph of M.A.Fayeem who is the son of A8 was affixed in the place of one Mehdi Hassan pertaining to Royal Supplier loan files, even the photos of unknown Hindu male person and female person were affixed in the place of one Yousuf Khan pertaining to M/s.Sai Baba Enterprises.
121. Even in this case it has come on record that A2 who was the
Chairman of Charminar Cooperative Bank, who has committed suicide at a later state, directed A3 & A4 who are employees of Charminar Cooperative
Bank to issue no due certificate for above four firms, A3 in this case deliber ately avoided to follow the rules while processing the loan application of said four firms, even they directed A10 to sanction loan to the said four firms on the instructions of A2 in this case, A3 has insisted A4 to issue no due certificates to the said firms, in the result A4 has issued no due certificates to the said four firms without observing the bank rules and regulations, as on the date of al leged issuance of no due certificates there was much outstanding amount pending in respect of said four firms, there was no one time settlement scheme in that period to the Charminar Cooperative Bank as per the rules and regula tions of RBI, in spite of that the scheme of one time settlement was applied to said four firms by A4 in this case as she issued the no due certificates in the name of said four firms.
122.In this case prosecution could examine Pws1 to 22, Exs.P1 to P283 except Ex.P145 are marked to prove the version of the prosecution, Ex.D1 is marked on behalf of accused in this case which is marked during the evidence of Pw1.
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123.The evidence placed before this Court shows that even though there are number of documents has discussed above filed by the Investigating officer before this court including the initial documents which were marked during the evidence of Pw16 in the earlier instance and the remaining docu ments which were marked at subsequent stage in the evidence of Pw16, and the evidences which are placed before this Court i.e., Pws1 to 22 shows that there was sanction of loan by Charminar Cooperative Bank, to the four firms pertaining to A1 & A8 in this case and it is pertinent to note that for granting of loan by the bank authorities they have to undergo many processes including application for loan, offering the securities, even in this case purchasing of shares as joining as member in order to secure loan, inspection of mortgage premises and later submission of loan documents and verification of the same by concerned official, later a resolution shall be passed in the Board of direc tors meeting are the minimum formalities which any bank as to follow, but in this case on considering the documents which are available before this Court as above stated it is very clear for sanctioning the loans for the said firms the bank ha s not followed any strict rules as required under banking laws.
124.The burden of proof in criminal law is beyond all reasonable doubt. The prosecution has to prove the guilt of the accused beyond all reasonable doubt and it is also the rule of justice in criminal law that if two views are possible on the evidence adduced in this case, one pointing to the guilt of the accused and the other towards his innocence, the view which is favourable to the accused should be adopted by any Court. There is no proper of seizure of documents in this case, the Investigating Officer did not follow the procedure contemplated under Sec.100 of Cr.P.C., even the Investigating
Officer has failed to call for the originals of alleged no due certificates at any point of time.
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125.As already discussed in this case even though the evidences of prosecution witnesses are found to be in support of version of prosecution, that cannot help the version of prosecution in regard to the charges which the pros ecution has to establish against the accused in this case, as argued by the learned APP that filing of two to three sets of documents for one set of docu ment itself shows that all the accused in this case have colluded with each other and the number of documents which are filed before this Court and marked by the prosecution it self is showing that because of conspiracy be tween all the accused in this case A1 & A8 could furnish such number of docu ments before the bank without the help of bank authorities that cannot be pos sible at all, that it self indicates that the accused in this case have conspired together and obtained loan in the name of fictitious firms as discussed.
126.In this context I would like to conclude that as per Indian Crimi nal jurisprudence in any criminal case the guilt of accused has to be estab lished beyond all reasonable doubts without which no person can be convicted by any Court of Law, in this case there are many inconsistent evidences when compared with each others evidences of Pws1 to 22 and even the number of documents which are filed before the Court and marked during the evidence of prosecution witnesses shows that the Investigating Officer has utterly failed to connect the A1 to A8 with the said documents such as sending the relevant documents to the expert at least to prove the fact of signatures of A1, A8 in cluding A4 to prove their signatures, as to disprove the fact of denial of their signatures, even conspiracy between A1 & A8, A3, A4 & A10, in my view ele ments of the offences which are charged against all the accused in this case which the prosecution ought to have established beyond all reasonable doubts were not at all proved before this Court, in Criminal Law the guilt of the ac cused must be proved beyond all reasonable doubts, in the evidences of the 76 Of 95 prosecution witnesses there is some clouded area because of which the prose cution has utterly failed to connect all the accused in regard to the offences charged against them especially the amount which alleged to have been with drawn A1 & A8 pertaining to fictitious firms accounts, which they obtained loan by submitting false information and documents before the bank and to connect A4 in regard to her issuance of no due certificates alleged to have been issued by her as discussed above pertaining to four fictitious firms stating that all the firms got no dues and including the other accused in this case i.e., A3,A4 & A10 who are the bank employees and as per the charge alleged against them, they made conspiracy with other accused when A1 & A8 submitted documents pertaining to opening of bank accounts and obtained the loans in the name of fictitious firms, including issuance of no due certificates in their favour.
127.The main ingredients of conspiracy is missing in this case including the connectivity of all the accused for the alleged offences in this case, in my view as already discussed at length as above even though Pws1 to 22 have sup ported the version of prosecution but their evidences cannot be taken as it is as there are many contradictions in their evidences as above discussed including the documents which are marked on behalf of prosecution.
128.On considering the above said discussion in my view the evidence oral and documentary which are placed before this Court are not sufficient to prove the guilt of all the accused in this case, it is only because of defective investigation done by investigating officers for not collecting the proper and relevant documents and also non examination of material witnesses who are more connected to this case. On considering the same, I feel that prosecution has utterly failed to prove the guilt of the accused beyond all reasonable doubts. All the accused are entitled for benefit of doubt.
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In the result, the A1, 3, 4, 8 and 10 are found not guilty for the offences punishable U/Secs.420, 419, 468, 477A & 120B of IPC and they are acquitted u/Sec.248(1) Cr.P.C. Bail Bonds of accused shall stand cancelled and the sureties are hereby discharged after expiry period of appeal.
Dictated to the Stenographer GrII, transcribed and typed by him,
corrected and pronounced by me in the Open Court on this the 22nd day of April, 2019.
VI ADDL.CHIEF METROPOLITAN MAGISTRATE
HYDERABAD
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION: PW.1 Sri.Syed Nasir Hussain Naqvi.
PW.2 Sri.Md.Anwarullah.
PW.3 Sri.R.Srinivas Reddy.
PW.4 Smt.P.Padmaja.
PW.5 Sri.Mohd.Aminuddin Mujahed.
PW.6 Sri.Mohd.Abdul Hameed.
PW.7 Sri.Bandi Sreeramulu.
PW.8 Sri.M.Sreeramulu.
PW.9 Sri.K.Nazir Mahamood Khan.
PW.10 Sri.K.Lakshminaraya Reddy.
PW.11 Sri.G.Srinivas Rao.
PW.12 Sri.P.Ambedkar.
PW.13 Sri.Shaik Maitab.
PW.14 Sri.N.Subash.
PW.15 Sri.J.Shanthaiah.
PW.16 Sri.P.L.Ravindra Naik.
PW.17 Sri.Rahamathullah.
PW.18 Sri.S.Ashok Kumar.
PW.19 Sri.S.Nageshwar Rao.
PW.20 Sri.M.V.S.Suryanarayana Raju.
PW.21 Sri.K.Thimmappa.
Pw.22 Sri.Mohd.Inayat Ali.
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FOR DEFENCE: Nil
EXHIBITS MARKED
FOR PROSECUTION:
Ex.P1: Report lodged by defacto complainant before Addl., DGP, CID,
dated 26.03.2002.
Ex.P2:Ledger sheet pertaining to M/s.Royal Suppliers.
Ex.P3:Ledger sheet pertaining to M/s.Sai Baba Enterprises.
Ex.P4: Ledger sheet pertaining to M/s.Golden Enterprises.
Ex.P5: Ledger sheet pertaining to Mumtaz and Company.
Ex.P6: Original cheque of charminar Cooperative bank vide No.
045213 dated 1261998 for Rs 7,00,000/
Ex.P7: Original cheque of charminar Cooperative bank vide No.
045212 dated 1261998 for Rs 17,662/.
Ex.P8: Original cheque of charminar Cooperative bank vide No.
045214 dated 1261998 for Rs 12,00,000/.
Ex.P9: Original cheque of charminar Cooperative bank vide No.
045215, dated 281998 for Rs 8,68,000/ .
Ex.P10: Original cheque of charminar Cooperative bank vide No.
052411 dated 2861998 for Rs 10,00,000/ .
Ex.P11: Original cheque of charminar Cooperative bank vide No.
052412 dated 2881998 for Rs 24,77,000/ .
Ex.P12: Original current account deposit slip dated 2881998 .
Ex.P13:Original current account deposit slip dated 1261998 .
Ex.P14: Original cheque of Charminar Cooperative Bank vide No.
052436, dated 2881998 for Rs10,00,000/.
Ex.P15:Original cheque of Charminar Cooperative bank vide No.05243, 79 Of 95
dated 2881998 for Rs 10,99,000/ .
Ex.P16:Original cheque of Charminar Cooperative bank vide No.052438,
dated 2881998 for Rs 8,78,000/.
Ex.P17: Original current account deposit slip, dated 2881998.
Ex.P18:Original cheque of Charminar Cooperative bank vide No.047538,
dated 3061998 for Rs 60,00,000/ .
Ex.P19:Original cheque of Charminar Cooperative bank vide No.047537,
dated 271998 for Rs 12,00,000/.
Ex.P20:Original cheque of Charminar Cooperative bank vide No.047539,
dated 1871998 for Rs 24,00,000/.
Ex.P21:Original cheque of Charminar Cooperative bank vide No.047502,
dated 2881998 for Rs 50,00,000/.
Ex.P22:Original current account deposit slip, dated 3061998 .
Ex.P23: Letter vide Ref No. CCUB/GEN/2003 dated 2282003 of M.D.,
Charminar Bank (2 sheets).
Ex.P24: Letter vide No.2455/G2/Firms/2002, dated 08052002 of DIG (R &S), Hyderabad Range (1 sheet).
Ex.P25:Letter vide No. 1874/A6/TC2/MCH/2002, dated 3122002 of
Deputy Commissioner of MCH Circle –II (1 sheet) showing that the said house is standing in the name of Sultan Salahuddin.
Ex.P26:Letter vide No.1874/A6/TC2/MCH/2002, dated 3122002 of
Deputy Commissioner of MCH Circle –II (1 sheet) showing that the said house is standing in the name of Asgari Begum.
Ex.P27:Original Advances Ledger of Charminar Cooperative Bank in the name of Imperial Gardens.
Ex.P28:Original mediator report, dated 442002 at 1700 hours (2 sheets).
Ex.P29:Original mediator report, dated 1142002 at 1200 noon (1 sheet).
Ex.P30:Original mediator report, dated 1142002 at 1400 hours (1 80 Of 95 sheet).
Ex.P31:Mediator report, dated 11.04.2002, in respect of Golden
Enterprises.
Ex.P32:Original FIR.
Ex.P33:Original Application form for advance, dated 30698 in the name of Yusuf Khan.
Ex.P34:Mortgage Memorandum of Charminar Bank.
Ex.P35:Schedule of Mortgaged Property.
Ex.P36:Equitable Mortgage form of Charminar Cooperative Bank.
Ex.P37:Particulars of Coobligant of Charminar Bank.
Ex.P38: Loan agreement, dated 07.01.1999.
Ex.P39: Letter of Guarantee of Charminar Bank.
Ex.P40: Original promissory note of Charminar Bank, dated 17.06.1998 for Rs.97,00,000/.
Ex.P41: Unsigned letter of Wavier.
Ex.P42: Take Deliver Letter, dated 17.06.1998.
Ex.P43: Unsigned Letter to the M.D., of Charminar Bank for demand loan of Rs.97 Lakhs.
Ex.P44: Letter of lien, dated 17.06.1998.
Ex.P45: Letter of lien and Setoff, dated 17.06.1998.
Ex.P46: Note submitted to M.D., of Charminar Bank, dated 30.06.1998.
Ex.P47: Loan Sanction Order and Condition.
Ex.P48: Demand Notice for Rs.97 Lakhs containing no proper particulars
Ex.P49:Letter showing adjustment of Share existence capital and unsigned.
Ex.P50: Revised opinion of Advocate Sharath Sanghi, dated 14.11.1997.
Ex.P51: Original note submitted to the MD of Charminar Bank in respect of M/s.Golden Enterprises.
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Ex.P52: Loan Sanction Order Condition.
Ex.P53: Application for Advance by Md. Siraj.
Ex.P54: Particulars of Coobligant/guarantor
Ex.P55:Loan Agreement dated 17.06.1998 in the name of Mohd. Siraj
Ex.P56:Letter of Guarantee of M/s Golden Enterprises, dated 07.01.1998.
Ex.P57: Promise Note for Rs.90 Lakhs, dated 17.06.1998 in the name of
Golden Enterprises.
Ex.P58:Letter of Waiver, dated 17.06.98.
Ex.P59:Take Delivery Letter for Rs.90 Lakhs in the name of Md.Siraj, dt 17.06.98.
Ex.P60:Unsigned Letter to the M.D., Charminiar Bank dt 1761998.
Ex.P61: Letter of lien from Md. Siraj.
Ex.P62: Letter of lien and setoff, dated 17.06.98.
Ex.P63: Original Demand Notice of Charminar Bank for Rs.90,00,000/.
Ex.P64:Unsigned and Undated adjustment of share capital for Rs.90
Lakhs.
Ex.P65:Unsigned Application for Admission and Member.
Ex.P66:Application of B clause of Nominal Membership in the name of A1.
Ex.P67:Application of B clause of Nominal Membership in the name of A8.
Ex.P68:Mortgage Memorandum in the name of A8 and 6 others.
Ex.P69:Original profarma of schedule of property submitted to
Charminar Bank.
Ex.P70: Equitable Mortgage.
Ex.P71:Insurance pertaining to New India Assurance Company Ltd in the name of Golden Enterprises.
Ex.P72:Legal Opinion dated 27.06.1998.
Ex.P73:Revised Legal Opinion dated 14.11.97.
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Ex.P74: Postal returned Cover.
Ex.P75:Original Postal Acknowledgment.
Ex.P76:Application for Advance in the name of Mehdi Hassan, dt.17.06.98
Ex.P77:Particulars of Coobligant form.
Ex.P78:Particulars of Co obligant in the name of one Fazalunnisa Begum.
Ex.P79:Loan Order Condition, dated 17.06.98.
Ex.P80: Mortgage Memorandum.
Ex.P81:Schedule of property form.
Ex.P82:Equitable Mortgage form of Charminar Bank.
Ex.P83:Particular of Co obligant/guarantor form.
Ex.P84:Promissory Note dated 17.06.98.
Ex.P85:Letter of Wavier, dated 17.06.98.
Ex.P86:Letter of lien and setoff, dated 17.06.98.
Ex.P87: Undated Demand Notice for Rs.85 Lakhs.
Ex.P88:Undated and Unsealed and Unsigned letter regarding adjustment of share capital to the demand loan account for Rs.85 lakhs.
Ex.P89: Mortgage Memorandum Form.
Ex.P90:Schedule of Mortgage PropertyForm
Ex.P91:Equitable Mortgage.
Ex.P92:Unsigned Letter, dated 17.06.98 to the M.D., Charminar for demand of Rs.85 lakhs.
Ex.P93: Letter of lien.
Ex.P94: Loan Agreement, dated 07.01.99.
Ex.P95: Letter of Guarantee, dated.
Ex.P96: Legal Notice, dated 20.03.2001
Ex.P97:Valuation Report of EE of Charminar Bank.
Ex.P98:Xerox copy of No Due Certificate, dated 18.12.2001 issued to 83 Of 95
Mumtaz & Company by Charminar Bank.
Ex.P99:Xerox copy of No Due Certificate, dated 18.12.2001 issued to Sai
Baba Enterprises by Charminar Bank.
Ex.P100:Xerox copy of No Due Certificate, dated 18.12.2001 issued to
Royal Suppliers by Charminar Bank.
Ex.P101:Xerox copy of No Due Certificate, dated 18.12.2001 issued to
Golden Enterprises by Charminar Bank.
Ex.P102:Information Sheet for advance sanctioned of Charminar Bank vide
A/c.85 held in the name of A1.
Ex.P103:Original Mediators report, dated 06.04.2002 at 11 A.M.
Ex.P104:Original Note submitted by A1 to the M.D., of Charminar Bank.
Ex.P105:Original Loan Application Form of Charminar Bank in the name of
A1.
Ex.P106:Original Letter of Loan Sanction Order Conditions addressed to A1 by DGM of Charminar Bank.
Ex.P107:Original Loan Application for Advance in the name of A1.
Ex.P108:Particulars of co obligant/Guarantor Form.
Ex.P109:Particulars of co obligant/Guarantor Form.
Ex.P110:Letter of Guarantee submitted by A1.
Ex.P111:Original Loan Agreement in the name of A1.
Ex.P112:Original Demand Promissory Note in the name of A1 for
Rs.1,51,00,000/.
Ex.P113:Original Letter of Wavier to the M.D., Charminar Bank for
Rs.1,51,00,000/.
Ex.P114:Take Delivery Letter for Rs.1,51,00,000/.
Ex.P115:Letter addressed to M.D., Charminar Bank.
Ex.P116:Blank Letter for Adjustment of Share Capital to the Demand Loan
Account.
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Ex.P117: Letter Addressed to Branch Manager.
Ex.P118: Blank Demand Notice.
Ex.P119:Letter of Lien addressed to M.D., Charminar Bank by A1.
Ex.P120:Letter of Lien and Setoff addressed to Charminar Bank.
Ex.P121: Original Mortgage Memorandum in the name of A1 and 5 others.
Ex.P122: Original Schedule of Mortgage Property in the name of Shalimar
Gardens Function Hall.
Ex.P123:Original Equitable Mortgage Form.
Ex.P124:Original Mortgage Memorandum Form.
Ex.P125:Original Equitable Mortgage Form.
Ex.P126:Original Schedule of Property form pertaining to Shalimar Gardens
Function Hall.
Ex.P127:Original Application Form of A1 for admission as a member in
Charminar Cooperative Bank.
Ex.P128:Note submitted to the M.D., for Sanction of Rs.1,51,00,000/ by
A1.
Ex.P129:Original Letter of Loan Sanction Order Conditions, addressed to
M/s.Imperial Leathers by DGM of Charminar Bank.
Ex.P130: Application for Advance Sanctioned of Charminar Bank to A1.
Ex.P131:Original Letter of Guarantee submitted by A1 for Rs.1,51,00,000/.
Ex.P132:Original Loan Agreement for Rs.1,51,00,000/.
Ex.P133:Original Demand Promissory Note submitted by A1 for
Rs.1,51,00,000/.
Ex.P134:Original Letter of Waiver of A1.
Ex.P135:Take Delivery Letter.
Ex.P136:Letter addressed to the M.D., Charminar Bank.
Ex.P137:Bank Letter of Lien.
Ex.P138:Letter of Lien and Setoff of Charminar Bank.
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Ex.P139:Original Letter vide No.890/TC5/MCH/2002, dated 04.06.2002
Shows that the premises bearing No.101123/A/4 does not exist in Saifabad locality.
Ex.P140:Letter issued by Deputy General Manager, RBI to Addl., General of
Police, CID showing that One Time Settlement Scheme was not available to Cooperative Urban Bank Limited during the period 20.08.2001 to 18.12.2001.
Ex.P141:Encumbrance Certificate.
Ex.P142:Blank cheque book in the name of M/s.Imperial Gardens.
Ex.P143:Attested copy of list of property seized from Charminar Coopera tive Urban Bank Limited, recovery division.
Ex.P144:Attested copy of list of files/documents seized by Investigating Of ficer.
Ex.P145:Is not marked as Exhibit due to over sight and the continuation of next exhibit is given number as Ex.P146.
Ex.P146:Letter addressed to Bank Manager, dt.11.06.1998 by Partner Mumtaz & Company.
Ex.P147: Application for current accounts containing no photographs, ad dressed to Manager Charminar Cooperative Urban Bank Limited.
Ex.P148: Specimen signature pertaining to A1.
Ex.P149:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, by partner of Mumtaz and Company bearing no date for issuance of cheque book containing 50 leaves.
Ex.P150:One page pertaining to Mumtaz and Company in current deposit ledger in account bearing No.1273 of Mumtaz and Company.
Ex.P151:Counter Foil for an amount of Rs.3,80,000/.
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Ex.P152:Containing three pages is an application for advance, dt.22.06.1998, addressed to Managing Director, Charminar Coop erative Urban Bank Limited, pertaining to Mumtaz and Company.
Ex.P153:List of coobligants/guarantors mentioning the names of M.A.Nay eem Zakee and M.A.Muneem.
Ex.P154:Schedule of security addressed to Charminar Cooperative Urban Bank Limited, dated 22.06.1998.
Ex.P155:Loan agreement, dt. 22.06.1998, but the stamp pertaining to Ra maniah, SubRegistrar is showing date as 21.04.1998.
Ex.P156:Letter of guarantee, addressed to managing director, Charminar Cooperative Urban Bank Limited, containing no date, but the stamp pertaining to Ramaniah, SubRegistrar is showing date as 21.04.1998.
Ex.P157:Promissory note, dt. 22.06.1998, executed by M.A.Nayeem Zakee and M.A.Muneem for an amount of Rs.95 lakhs.
Ex.P158:Letter of wavier, dt.22.06.1998, addressed to Managing Director, Charminar Cooperative Urban Bank Limited, the names of Nayeem and Muneem were inserted with pen.
Ex.P159:Take delivery letter, dt.22.06.1998 from M.A.Nayeem Zakee, ad dressed to Managing Director, Charminar Cooperative Urban Bank Limited.
Ex.P160:Letter addressed to the Managing Director, Charminar Coopera tive Urban Bank Limited, dt.22.06.1998, amount is mentioned as Rs.95 lakhs.
Ex.P161:Letter of lien, dt.22.06.1998 from Nayeem Zakee and M.A. Muneem to the General Manager, Charminar Cooperative Urban Bank Limited.
Ex.P162:Application for admission as member, dt.22.06.1998 showing that 100 shares worth Rs.2,500/ were purchased by M.A.Nayeem Za kee and M.A.Muneem.
Ex.P163:Specimen signature of partner of Mumtaz and Company.
87 Of 95
Ex.P164:Memorandum of equitable mortgage, amount of Rs.95 lakhs is mentioned, dt.22.06.1998.
Ex.P165:Schedule of property pertaining to house bearing No.58110, 110/5 & 111/B, Nampally, Hyderabad.
Ex.P166:Equitable mortgage, dt.22.06.1998, for an amount of Rs.95 lakhs, the title of the documents and house number has mentioned in Ex.P165.
Ex.P167:Trade advances containing no date for Mumtaz and Company.
Ex.P168:Inspection report, pertaining to Mumtaz and Company, containing no date, even the signatures of Inspecting Officer or Managing Di rector are not found.
Ex.P169:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, dt.08.06.1998, for financial assistance of Rs.95 lakhs, addressed by partners of Mumtaz and Company.
Ex.P170:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, containing no date by the partners Mumtaz and Company.
Ex.P171:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, containing no date.
Ex.P172:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, for release of term loan in the name of Mairaj Tex tiles, even current accounts.
Ex.P173:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, containing no date, for deposit of 35 cheques before the bank.
Ex.P174:Statement showing the loan application pertaining to Mumtaz and company, appraised and sanctioned.
Ex.P175:Valuation report given by Deputy Executive Engineer, containing no date but the month and year are mentioned as June 1998.
88 Of 95
Ex.P176: Note submitted to Managing Director.
Ex.P177: Loan sanction order conditions without the signature of Managing Director.
Ex.P178:Demand loan application pertaining to Mumtaz and Company,
dated 12.06.1998 for an amount of Rs.95 lakhs.
Ex.P179:Legal notice issued to the proprietors of Sai Baba Enterprises, Shalimar Gardens, dt.20.03.2001.
Ex.P180:Application for current accounts containing no photographs of ap plicant which is pertaining to Sai Baba Enterprises.
Ex.P181:Specimen signatures pertaining to the Proprietor Sai Baba Enter prises.
Ex.P182:Current deposit ledger for account no.1286 pertaining to Sai Baba Enterprises.
Ex.P183: Application for advance for small advance dt.30.06.1998 in the name of Yousuf Khan pertaining to Sai Baba Enterprises.
Ex.P184:Particulars of coobligants/guarantor in two sheets in the name of M.A.Muneem and M.A.Nayeem.
Ex.P185:Deed of mortgage executed by Abdul Raheem and Six others for consideration of an amount of Rs.97 lakhs.
Ex.P186:Schedule of property to the premises house bearing No. 58 323/2, situated at Nampally, Hyderabad.
Ex.P187:Equitable mortgage dt.30.06.1998 for an amount of Rs.97 lakhs.
Ex.P188:Particulars of coobligants/guarantors by name M.A.Shameem, M.A.Waseem.
Ex.P189:Letter addressed to Charminar Cooperative Urban Bank Limited, head office, dt.17.06.1998 from one Yousuf for Sai Baba Enter prises.
89 Of 95
Ex.P190:Loan agreement standing in the name of Yousuf Khan for Sai Baba Enterprises, dt.17.06.1998 but the stamp of SubRegistrar is show ing as 21.04.1998.
Ex.P191:Letter of guarantee in the name of Yousuf Khan for Sai Baba En terprises, the stamp of SubRegistrar is showing as 21.04.1998.
Ex.P192:Promissory note executed by Yousuf Khan for an amount of Rs.97 lakhs.
Ex.P193:Letter of waiver executed by Yousuf Khan for an amount of Rs.97 lakhs.
Ex.P194:Take delivery letter executed by Yousuf Khan for an amount of Rs.97 lakhs.
Ex.P195:Letter addressed by Yousuf Khan for an amount of Rs.97 lakhs.
Ex.P196:Letter of lien executed by Yousuf Khan to General Manager, Charminar Cooperative Urban Bank Limited for an amount of Rs.97 lakhs.
Ex.P197:Particulars of coobligants/guarantors.
Ex.P198:Business profile of Sai Baba Enterprises.
Ex.P199:Letter addressed to the Chairman, Charminar Cooperative Urban Bank Limited.
Ex.P200: Inspection Report pertaining to Sai Baba Enterprises.
Ex.P201: Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, from Yousuf Khan, Proprietor of Sai Baba Enter prises.
Ex.P202:Trade advances form.
Ex.P203:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited.
90 Of 95
Ex.P204:Valuation report of property by executing engineer approved valu er of Charminar Cooperative Urban Bank Limited.
Ex.P205:Legal opinion, dt.27.06.1998.
Ex.P206:Note submitted to the Managing Director, Dt.30.06.1998.
Ex.P207:Loan sanction order conditions pertaining to Sai Baba Enterprise.
Ex.P208:Demand loan debit voucher, dt.30.06.1998.
Ex.P209:Pay order pertaining to Sai Baba Enterprises for an amount of Rs.50 lakhs, dt.28.08.1998.
Ex.P210:Current voucher, dt.28.08.1998 for an amount of Rs.50 lakhs.
Ex.P211:Debit voucher pertaining to Sai Baba Enterprises, dt.28.08.1998 for an amount of Rs.50 lakhs.
Ex.P212:Cheque issued by Proprietor of Sai Baba Enterprises, dt.20.10. 1998 for an amount of Rs.3,64,500/.
Ex.P213:Cheque issued by Proprietor of Sai Baba Enterprises, dt.20.12.1998 for an amount of Rs.3,64,500/.
Ex.P214:Cheque issued by Proprietor of Sai Baba Enterprises, dt.20.01.1999 for an amount of Rs.3,64,500/.
Ex.P215:Notice issued U/Sec.138 of N.I.Act, issued to Yousuf Khan propri etor Sai Baba Enterprises for bouncing of Exs.P12 to 14.
Ex.P216:Application for current accounts containing no photograph, addressed to Managing Director, Charminar Cooperative Urban Bank Limited, addressed by the Proprietor Royal Suppliers.
Ex.P217:Specimen signature.
Ex.P218:Current deposit ledger pertaining to account bearing No.1341 per taining to Royal Enterprises.
91 Of 95
Ex.P219:Application for advance small traders, dt.17.06.1998, addressed to Managing Director, Charminar Cooperative Urban Bank Limited by Mehdi Hassan of Royal Suppliers.
Ex.P220:Loan sanction order conditions issued to Khaleem Unnisa Begum by the Managing Director, Charminar Cooperative Urban Bank Limited.
Ex.P221:Mortgage memorandum for an amount of Rs.85 lakhs of
M.A.Nayeem and six others.
Ex.P222:Schedule of property comprising of house bearing No.58110, 2, 3, 4 & 5, Station Road, Nampally.
Ex.P223:Loan agreement executed by Khaleem Unnisa Begum for Royal Suppliers.
Ex.P224:Letter of guarantee addressed to Managing Director, Charminar Cooperative Urban Bank Limited.
Ex.P225:Promissory note executed by Mehdi Hassan for Royal Suppliers.
Ex.P226:Letter of waiver, dt.17.06.1998.
Ex.P227:Take delivery letter, dt.17.06.1998.
Ex.P228:Letter addressed by Proprietor Royal Suppliers to Managing Direc tor, Charminar Cooperative Urban Bank Limited.
Ex.P229:Letter of lien, dt.17.06.1998.
Ex.P230:Mortgage memorandum, executed by one Fazal.
Ex.P231:Schedule of property comprising of premises bearing No.58110, 2, 3, 4 & 5, station road, Nampally.
Ex.P232:Equitable mortgage deed.
Ex.P233:Equitable mortgage deed, dt.18.06.1998.
92 Of 95
Ex.P234:Particulars of coobligants/guarantors.
Ex.P235:Letter addressed to Charminar Cooperative Urban Bank Limited by Royal Suppliers, represented by Proprietor.
Ex.P236:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, for issuance of cheque book.
Ex.P237:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, mentioning the stock lying with Royal Suppliers.
Ex.P238:Trade advances form of appraisal of working capital.
Ex.P239:Inspection Report of Royal Suppliers.
Ex.P240:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, dt.08.06.1998 for financial assistance by way of de mand loan of Rs.99 lakhs, addressed by Mehdi Hassan, Proprietor of Royal Suppliers.
Ex.P241:Statement showing loan application appraised and sanctioned in the board meeting, pertaining to Royal Suppliers.
Ex.P242:Letter addressed to Charminar Cooperative Urban Bank Limited, by Abdul Nayeem Zakee, Abdul Hakim Zakee.
Ex.P243:Letter addressed to Charminar Cooperative Urban Bank Limited, by one Fazal.
Ex.P244:Note submitted to the managing director, dt.17.06.1998.
Ex.P245:Debit voucher, dt.28.08.1998 for an amount of Rs.35 lakhs.
Ex.P246:Insurance certificate pertaining to New India Assurance Company in the name of M.A.Kaleem and others.
Ex.P247:Application for current accounts of Golden Enterprises, addressed to Managing Director, Charminar Cooperative Urban Bank Lim ited.
93 Of 95
Ex.P248:Specimen signatures of Siraj of Golden Enterprises.
Ex.P249:Current account deposit ledger for an amount bearing No.1342 of golden Enterprises.
Ex.P250:Current deposit ledger for an amount bearing No.1342 of Golden Enterprises.
Ex.P251:Application in advance small trades dated 17.06.1998, addressed to Managing Director, Charminar Cooperative Urban Bank Lim ited, on behalf of M/s.Golden Enterprises.
Ex.P252:Particulars of coobligant/guarantor in which the name of one Fazalunnisa Begum, W/o.Ali Ahmed, aged 75 years, R/o.Soma jiguda, Hyderabad, is mentioned, it is containing the signature of one Fazal.
Ex.P253:Memorandum of mortgage in the name of M.A.Nayeem and six others but there are signatures of ten persons on the said docu ment.
Ex.P254:Schedule of property for house bearing No. 58110, 2, 3, 4 & 5, station road, Nampally, Hyderabad.
Ex.P255:Equitable mortgage executed by M.A.Kaleem and eight others but signatures of ten persons are present in the said document.
Ex.P256:Particulars of coobligants/guarantors in which the names of one M.A.Hateem, M.A.Multazim is mentioned.
Ex.P257:Letter addressed to Charminar Cooperative Urban Bank Limited, head office by Siraj, dt.17.06.1998, the schedule of security colmun is kept blank.
Ex.P258:Loan agreement executed by Md.Siraj, dt.17.06.1998, the stamp of P.Ramaniah, SubRegistrar/Superintendent is containing the date
as 21.04.1998.
Ex.P259:Letter of guarantee.
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Ex.P260:Promissory note dated 17.06.1998 executed in the name of M/s. Golden Enterprises signed by Siraj.
Ex.P261:Letter of wavier, executed by Siraj as Proprietor of Golden Enter prises, dated 17.06.1998.
Ex.P262:Take delivery letter, dt.17.06.1998 for an amount of Rs.90 lakhs.
Ex.P263:Letter addressed to the Managing Director, Charminar Coopera tive Urban Bank Limited, dt.17.06.1998, signed by Siraj, Propri etor for Golden Enterprises.
Ex.P264:Letter of lien, dt.17.06.1998 from Md.Siraj but the schedule column is kept blank.
Ex.P265:Mortgage memorandum executed by Khaleemunnisa Begum for an amount of Rs.90 lakhs but the signatures of one Siraj and Fazal are found in the said document.
Ex.P266:Schedule of property for house bearing No.63894, Somajiguda, Hyderabad, belonging to Khaleemunnisa Begum but the signature of mortgagee is kept blank.
Ex.P267: Equitable mortgage deed dated 17.06.1998 executed by Khaleemunnisa Begum but the signature of one Fazal and Siraj are found in the said document.
Ex.P268:Business profile of Golden Enterprises.
Ex.P269:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, dt.08.06.1998, for financial assistance of Rs.99.50 lakhs.
Ex.P270:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, in regard to depositing of original documents men tioned in the list of documents of that document, but it is seen that the said documents for which list is mentioned are not filed or marked before this Court.
Ex.P271:Letter addressed to Charminar Cooperative Urban Bank Limited, in regard to depositing of original documents mentioned in the list of documents of that document, but it is seen that the said docu 95 Of 95 ments for which list is mentioned are not filed or marked before this Court.
Ex.P272:Valuation report of property bearing No.58323/1 to 5, dt.20.06.1998.
Ex.P273:Inspection Report pertaining to golden enterprises.
Ex.P274:Trade advances form of appraisal for working capital of Golden Enterprises.
Ex.P275:Statement showing the loan application appraised and sanctioned in the board meeting for an amount of Rs.99.50 lakhs of golden enterprises.
Ex.P276:Note submitted to the Managing Director, Charminar Cooperative Urban Bank Limited, dt.18.06.1998.
Ex.P277:Legal notice sent to M/s.Golden Enterprises, dt. 07.01.1999.
Ex.P278:Debit voucher, dt.28.08.1998 for an amount of Rs.60 lakhs.
Ex.P279:Pay order, dt. 28.08.1998 for an amount of Rs.60 lakhs.
Ex.P280:Debit voucher, dt. 28.08.1998 for an amount of Rs.30 lakhs.
Ex.P281:Cheque bearing No.050451, signed by Siraj for an amount of Rs.3,72,000/, dt.10.11.1998.
Ex.P282:Cheque bearing No.050452, signed by Siraj for an amount of Rs.3,38,000/, dt.10.12.1998.
Ex.P283:Letter addressed to Chairman, Charminar Cooperative Urban Bank Limited, by A1.
FOR defence:
Ex.D1 Is the relevant portion in 161 Cr.P.C statement of Pw1.
VI ADDL.CHIEF METROPOLITAN MAGISTRATE
HYDERABAD