Special Judge Anticorruption (CBI Cases) J&K Jammu Mr. Vinod chatterjI Koul framed charges u/s u/s 120-B r/w 420, 468,471 RPC and 5(2) r/w 5(1)(d) of J&K Prevention of Corruption Act 2006 against Tilak Raj Dogra the then Chief Manager, Bank of Baroda, Gandhi Nagar, Des Raj Patwari, Jaswant Singh and Manzoor Hussain s/o Sh. Abdul Rashid R/O Vidhata Nagar, Bhatindi Road, Opposite Aircel Tower Jammu who allegedly make fraud with the bank to the tune of Rs 74 lacs.
According to the CBI case that on 2.5..2007 housing loan of Rs. 74 lac was obtained by Manzoor Hussain from Bank of Baroda, Gandhi Nagar, Jammu under BOB VYAPAR Scheme and showed sale purchase of bee keeping as the line of activity of the society to avail the said loan and a plot of land measuring 15 kanal under Khasra No: 902 min, Khata No: 294 min, Khewat No: 15min situated at Kartholi, Tehsil Samba was mortgaged with the bank. That after preparation of the Pre-sanction Inspection Report on 20.5.2007, Jaswant Singh, Credit Officer, BOB, Gandhi Nagar, in connivance with A2, T R Dogra, Branch Manager and H R Phonsa valuer, obtained a Valuation Report of the property mortgaged for exact valuation of Rs. 166.50 lac on 23.5.2007 in order to favour the borrower in sanctioning of the loan. T R Dogra had already obtained a favourable Legal Scrutiny cum Non encumbrance certificate from Advocate V K Chopra on 24.5.2007 and the loan was sanctioned by T R Dogra, Branch Manager on 26.5.2007 That Sale Deed dated 6.5.2007 pertaining to land measuring 15 kanal under Khasra No: 902 min, Khata No: 294 min, Khewat No: 15 min situated at Kartholi, Tehsil Samba was for Rs. 3 lac and the seller of the property was . The property was found to be a Gair Mumkin Kassi land and was not a commercial/residential land. Sh. Navneet Gupta, independent valuer inspected the mortgaged land who in his report submitted that the property was an open land without demarcation in the form of nalla/khad where water was flowing, as such the value of land could not be assigned. That in criminal conspiracy with co-accused, a Letter No: BR/GNR/ADV/29 dated 29.5.2007 was shown to be sent by T R Dogra to Tehsildar, Samba, through the borrower for recording the bank lien in revenue record and a forged entry of the lien dated 31.8.2007 was managed on the back of the said letter to show that the bank lien was got marked but in fact no such entry of the lien was marked in favour of Bank of Baroda in concerned revenue records and the forged lien entry on the back side of the letter was prepared by forging the signatures of the concerned Patwari and Tehsildar.That Des Raj posted as Patwari in the office of the Assistant Commissioner Nazool Jammu on 31.8.2007 and not at Village Kartholi, as such it was not your duty to make the lien entry in the revenue records and prepared the said lien report and you have forged the said lien report, as confirmed by the J&K FSL, Srinagar vide Report No: FSL-139-Doc-Sgr dated 26.11.2014. As such you have committed the offence which was not part of your duty.5, Manzoor Hussain diverted the loan amount in the accounts of his concerns maintained in other banks where he was himself operating those accounts in the account of M/s Bee Keeping Marketing Cooperative Ltd managed by his wife Mrs. Shakeela Begum etc and in pursuance of criminal conspiracy and meeting of mind cheated Bank of Baroda to the tune of Rs. 74.00 lac.