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Delhi court orders framing of charges against bank officials in loan fraud case | Delhi News



New Delhi: A Delhi court recently ordered the framing of charges for the offences of corruption and cheating against four people, including two senior officials of a bank. It observed that the prosecution was not under any obligation to prove that each of the accused met each other to charge them with being part of the conspiracy to cheat the bank.The court of special judge Sunena Sharma directed the framing of charges for offences of cheating, corruption and criminal conspiracy against Delhi Corporation Bank‘s chief manager Pavan Arya, deputy general manager ARK Prasad and valuer BP Singh. The court also directed the framing of charges for offences of cheating and criminal conspiracy against Rajnish Gupta, part owner of a private firm.Three other accused, including an empanelled advocate of the bank, were discharged in the matter from all offences.According to the prosecution, a businessman approached the bank for a loan of Rs 3.9 crore, which was granted to him in connivance with the bank officials of the branch and zonal office on the basis of forged title deeds of the properties mortgaged, documents bearing false, incomplete signatures of the borrower as well as the guarantor, a forged electricity bill, a forged PAN card, and a false due diligence report.While discharging the empanelled advocate, Sandeep Sharma, from the offences, including corruption, criminal conspiracy, cheating and others, the court said that a lawyer could not be held criminally liable for the financial losses incurred by the bank due to his professional opinion unless there is proof of his active participation in defrauding the bank. “There has to be some evidence that said act was done with the sole intention to defraud with active participation with other co-conspirators,” the judge said. New Delhi: A Delhi court recently ordered the framing of charges for the offences of corruption and cheating against four people, including two senior officials of a bank. It observed that the prosecution was not under any obligation to prove that each of the accused met each other to charge them with being part of the conspiracy to cheat the bank.The court of special judge Sunena Sharma directed the framing of charges for offences of cheating, corruption and criminal conspiracy against Delhi Corporation Bank’s chief manager Pavan Arya, deputy general manager ARK Prasad and valuer BP Singh. The court also directed the framing of charges for offences of cheating and criminal conspiracy against Rajnish Gupta, part owner of a private firm.Three other accused, including an empanelled advocate of the bank, were discharged in the matter from all offences.According to the prosecution, a businessman approached the bank for a loan of Rs 3.9 crore, which was granted to him in connivance with the bank officials of the branch and zonal office on the basis of forged title deeds of the properties mortgaged, documents bearing false, incomplete signatures of the borrower as well as the guarantor, a forged electricity bill, a forged PAN card, and a false due diligence report.While discharging the empanelled advocate, Sandeep Sharma, from the offences, including corruption, criminal conspiracy, cheating and others, the court said that a lawyer could not be held criminally liable for the financial losses incurred by the bank due to his professional opinion unless there is proof of his active participation in defrauding the bank. “There has to be some evidence that said act was done with the sole intention to defraud with active participation with other co-conspirators,” the judge said.

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