IN THE COURT OF THE SPECIAL JUDGE, C.B.I., …kamrupjudiciary.gov.in/mar-15 jdgmnt/26-03-2015...

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Spl. Case No.12/2008

IN THE COURT OF THE SPECIAL JUDGE, C.B.I.,ASSAM, GUWAHATI

Special Case No. 12/2008RC Case No. 04(A)/2008-GWH

Present:- Sri M.K. Bhattacharjee Special Judge, CBI, Assam, Guwahati.

State (C.B.I.)

Vs.

1. Sri Khairuddin Ahmed

2. Sri Giasuddin Ahmed

3. Sri Imtiazuddin Ahmed

4. Sri Rafiqul Islam

5. Sri Babul Nath

6. Sri Dipak Kumar Das

7. Sri Hitendra Saikia

U/S 120B, 409, 420 IPC

……….. Accused

Prosecution Lawyer : Sh. A. Bhattacharjee, Ld. P.P, CBI

Defence Lawyers : Sri D.K.Das, Sri S.K. Talukdar, Sri S.K.Singh

Dates of recording Prosecution Evidence : 23.4.12, 6.6.12,

10.7.12, 26.11.12, 12.2.13, 22.2.13, 13.3.13, 23.5.13,

24.5.13, 25.6.13, 26.6.13, 9.7.13, 10.7.13, 31.7.13,

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1.8.13, 4.9.13, 5.9.13, 4.11.13, 5.11.13, 20.5.14,

26.6.14 & 24.7.14.

Dates of recording Defence Evidence : 28.11.14, 11.12.14

Argument concluded on : 12.3.2015

Date of Judgment : 26.3.2015

JUDGMENT

On 22.03.2008, Zonal Manager of UCO Bank, Regional

Office, Jorhat, Assam wrote a letter to the S.P, CBI, ACB,

Guwahati alleging, inter alia, that the accused public servant Sri

Padma Kanta Bania, Branch Manager, UCO Bank, Goalpara,

Assan had entered into a criminal conspiracy with some private

persons namely, Khairuddin Ahmed, Giasuddin Ahmed,

Imtiazuddin Ahmed, Rafiqul Islam, Babul Nath, Dipak Kumar

Das and Hitendra Saikia and fraudulently and dishonestly

sanctioned 300 nos. of fake loans during the year 2005-06 for

an amount of Rs. 184.77 lakhs in total to non existing persons

resulting into huge wrongful pecuniary loss to the Bank and

proportionate wrongful gain to perpetrators of the crime.

2. On receipt of the aforesaid complaint a case was

registered at the CBI, ACB, Guwahati. The case was endorsed

to Sh. K.R. Kabui, Inspector of Police, CBI, Guwahati for

investigation. On completion of the investigation the I/O

submitted charge sheet against accused P.K. Bania, Khairuddin

Ahmed, Giasuddin Ahmed, Imtiazuddin Ahmed, Rafiqul Islam,

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Babul Nath, Dipak Kumar Das and Hitendra Saikia u/s 120B,

409, 420 IPC read with Section 13(1)(c) & (d) and Section

13(2) of the PC Act.

3. Prosecution case in brief is that during the period 2005-

06, about 30 Kishan Cash Credit loans were sanctioned by

accused Padma Kanta Bania, while he was In-charge of

Panchmile Branch of UCO bank, to the persons who were non-

existent and accounts in the names of such non-existent

persons were opened in the Bank being introduced by the co-

accused. The accused even stood as guarantors for the fake

loanees.

4. Accused Khairuddin Ahmed introduced the “fake”

loanees Piar Hussain, Tinku Haque, Noor Jamal and also stood

as guarantor for these borrowers. Similarly, accused Giasuddin

Ahmed introduced Md. Syed Ali and Badal Nath; accused

Imtiazuddin Ahmed introduced and stood guarantor for Ramjan

Ali, Mofizuddin , Abdul Zabbar, Abdul Rashid, Pradip Nath;

accused Rafiqul Islam introduced Md. Gazizur Rahman, Hamed

Ali, Abdul Rashid, Abul Hussain, Ismail Ali; accused Babul Nath

introduced Pawan Das and Chintu Das. All the borrowers were

subsequently found to be non-existent and as such the loan

accounts became non-performing.

5. Investigation further revealed that Sri Dipak Kumar Das

opened an account as a proprietor of M/s Assam Tea Company

and availed Cash Credit limit (loan) of Rs. 8 lacs for which

Hitendra Saikia was shown as guarantor though no such firm

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named M/s Assam Tea Company was ever in existence at the

given address.

6. Investigation also revealed that loan documents in

question were not fully filled up and some of the pages were

completely blank which was clear indication of criminal

connivance between the Bank Official Sri Bania and the

remaining accused.

7. After furnishing copies of the materials submitted by

the I/O u/s 173 CrPc to the accused and on consideration of

such materials my learned predecessor charged the accused as

under. Accused Padma Kanta Bania, being the public servant,

was charged u/s 13(2) read with Section 13(1) (c) and (d) of

the PC Act. He was also charged u/s 120B, 409 and 420 IPC

along with the other accused who are private persons. When

the charges were read over and explained to the accused they

pleaded not guilty.

8. Prosecution examined 18 witnesses who were cross-

examined by the defence. During trial accused Padma Kanta

Bania expired and the case against him stood abated. All the

remaining accused were examined u/s 313 Cr.PC. They denied

having introduced non-existent persons. They also denied to

have entered into a criminal conspiracy with Sri Bania with

intention to defraud the Bank. Four defence witnesses were

also examined to show that the alleged borrowers were in

existence and hence by introducing them to the bank for

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opening of account or by standing as guarantors of the loan

accounts in question they did not commit any criminal act.

9. POINTS FOR DETERMINATION:

1. Whether the accused agreed to do or caused to be done

an act which was illegal or was to be done by illegal

means?

2. Whether said illegal act was done by the accused or any

one of them in pursuance of such agreement?

3. Whether in pursuance of the agreement to do illegal act,

the accused committed criminal breach of trust in respect

of an amount of Rs. 15 lacs which was entrusted to co-

accused Padma Kanta Bania, since deceased?

4. Whether the accused in pursuance of their agreement, by

doing the illegal act, cheated the bank and caused

wrongful loss to the Bank and wrongful gain to

themselves?

10. DECISION TO THE AFORESAID POINTD AND

REASONS THEREOF:-During argument learned PP, CBI

submitted that the borrowers, in question, were non-existent

and by introducing fake persons to the Bank and standing as

their guarantors in regard to the respective loan accounts, the

accused not only betrayed the criminal agreement they had

entered into with each other and the concerned Bank official

but had also cheated the bank. Admittedly, the prime accused

of the case Mr. P. K. Bania, a Bank official, had since expired

and the case against him stands abated. Learned defence

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lawyers, on the other hand, argued that mere introducing some

persons to the bank for the purpose of opening accounts or

standing as guarantors to their loan accounts can never be held

as criminal act. It was further argued that the prosecution failed

to prove beyond reasonable doubt that such persons were not

in existence. Rather evidence on record was indicative of the

fact that such persons were in existence at the relevant time.

As guarantors the accused were liable to make good the loan.

11. The main contention of the prosecution is that the

charged accused knowingly introduced non-existent entities to

the bank for facilitating opening of account in their name and

also stood as guarantors for them and such act was indicating

to their criminal intention to defraud the Bank. Let me now

discuss the materials available on record to see whether the

prosecution was able to prove the case against the accused

beyond all reasonable doubt.

12. The allegation against accused (A-2) Khairuddin

Ahmed was that he introduced Piar Hussain, Tinku Haque and

Noor Jamal. PW-9, Nilakanta Kalita, an UCO Bank employee

proved the specimen signature card of borrower Piar Hussain.

During cross-examination, the witness stated that when he

started to visit the recorded addresses of the alleged non-

existent borrowers, he found some of the respective borrowers

in their respective addresses. PW-11, Uttam Paul, an employee

of UCO Bank deposed that at the time of the alleged occurrence

A-2, Khairuddin Ahmed was a good customer of the bank and

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he knew him personally. PW-9, Sri Nilakanta Kalita also proved

the specimen signature card of Tink Haque and it was shown

that Sri Haque was introduced to the bank by A-2. From the

testimony of PW-9, it also appeared that Tinku Haque furnished

his land documents at the time of obtaining the loan and Ext.

34 is the hypothecation cum agreement for the relevant

agricultural loan. DW-2 exhibited the certified copy of the voter

list showing his name at Serial no. 171. In regard to Noor

Jamal, PW-8, Md. Hormuj Ali stated that Noor Jamal was very

much present in the village. This witness was declared hostile

by the prosecution. During cross-examination by the defence

the witness stated that Noor Jamal was very much present in

the village till that day and his name also appears in the voter

list. DW-2, exhibited certified copy of the relevant voter list

which shows that the name of Noor Jamal appears in the Serial

No. 2 of the voter list. On the aforesaid, it appears that the

three persons who were introduced to the bank by Khairuddin

Ahmed and for whose loan account, he stood as guarantor,

were not proved to be non-existent persons/borrowers beyond

reasonable doubt by the prosecution.

13. The allegation against accused (A-3) Giasuddin

was that he introduced Md. Syed Ali who took a loan of Rs.

45,000/- and Badal Nath who also took loan of Rs. 45,000/-.

PW-9, Sri Nilakanta Kalita exhibited the specimen signature card

of Md. Syed Ali which also contains Sri Syed Ali’s photograph.

Ext. 40 is the account opening form of Syed Ali and it appears

from Ext. 40 that the account was allowed to be opened by PW-

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11, Uttam Paul, the then Bank employee. It is the contention of

the defence that since there is no case by the prosecution for

criminal conspiracy against the bank employee, Uttam Paul, A-

3, Giasuddin Ahmed cannot be held responsible for introducing

Syed Ali to the bank. PW-1 and PW-7 in their testimony stated

that they did not find Syed Ali in the village but PW-8 Hormuj

Ali during his cross-examination by the prosecution stated that

he had seen Syed Ali. That apart, DW-2, who exhibited certified

copy of the voter list (Ext.-J) showed that name of Syed Ali was

there at Serial No. 123 of the voter list. In regard to borrower

Badal Nath, PW-9, Sri Nilakanta Kalita proved his specimen

signature card ( Ext. 41) which also contains Badal Nath’s

photograph. Ext. 42 is the account opening form of Badal Nath

with his address and photograph. Ext. 48 is the hypothecation

cum agreement for agricultural loan taken by Badal Nath. Ext.-P

exhibited by DW-2 shows the name of Badal Nath which

appears in Serial No. 556 of the voter list. In view of the above,

it is difficult to hold that prosecution has been able to prove all

beyond reasonable doubt that Syed Ali and Badal Nath who

took loan from the bank at the relevant time were non-existent

entities.

14. Accused (A-4) Imtiazuddin Ahmed introduced

five persons namely, Ramjan Ali, Mofizuddin, Abdul Jabbar,

Abdul Rashid and Pradip Nath to the UCO Bank who also took

loan from the bank whom the prosecution claimed to have

branded as non-existent entities. Specimen signature card of

Ramjan Ali along with his photograph affixed on it and loan

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opening form with address and photograph were exhibited by

PW-9 as Ext. 51 and 52. PW-12, who was declared hostile by

the prosecution stated that he knew Ramjan Ali. PW-14, an

officer of the UCO Bank deposed that after the CBI case started

most of the borrowers started to repay the loan spontaneously.

DW-2 exhibited certified copy of the relevant voter list as Ext-L

which shows the name of Ramjan Ali in Serial No. 376.

Specimen signature card and account opening form in regard to

Mofizuddin were proved by PW-9, Nilakanta Kalita as Ext. 62

and 63. PW-12 says that he also knew Mofizuddin. DW-2

exhibited certified copy of the relevant voter list as Ext-M which

shows name of Mofizuddin in Serial No. 438. Specimen

signature card of Abdul Jabbar was proved by Nilakanta Kalita.

DW-2 exhibited certified copy of the relevant voter list as Ext-N

which shows Abdul Jabbar’s name at Serial No. 84. In regard to

Abdul Rashid, PW-3, Abdul Khalek, a Post Man deposed that he

could not find Abdul Rashid. The question now arises whether a

statement by a Post Master regarding non finding of the person

can be held to be conclusive proof of his being a non-existent

entities. It is extremely difficult to accept the aforesaid

contention particularly when the person alleged to have opened

bank account being introduced by eligible persons. In regard to

Pradip Nath, the alleged non-existent entity, it is seen that his

application for agricultural loan and debit voucher were proved

by PW-9 as Ext. 116 and 114 respectively. PW-5, Umar

Faruque, a Gaonbura deposed that he did not know any person

named Pradip Nath in the locality. But during cross examination

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when the photograph of Pradip Nath was shown to him

(document Marked –X) he stated that the person in the

photograph is presently residing at Napam Village due to

erosion of Jia Bharali river.

15. Accused A-5 Rafiqul Islam introduced Md. Gazizur

Rahman, Hamid Ali, Abdul Rashid, Abul Hussain and Ismail Ali

to the bank and also stood as guarantor for the loan obtained

from the bank by them. PW-3, Sri Abdul Khalek stated that as

Post Man he was required to deliver sealed envelopes in the

name of Md. Ismail Ali, Gazizur Rahman, Abul Hussain, Abdul

Rashid and Hamid Ali at the addresses recorded in the sealed

envelopes. He further stated that he could not deliver the

sealed envelopes because the addressees were not available at

the given addresses. He exhibited those sealed envelopes as

Ext. 2, 3, 4, 5 and 6 respectively. The recorded addresses were

at Uriamguri village. During cross-examination, the Post Man

(PW-3) stated that there were two long streets in Uriamguri

village and he did not know the names of these streets. He

further admitted that Ext. 2 to Ext 6 were returned by him in

the same day i.e. on 19.12.2009. In other part of his cross-

examination he further stated that to deliver Ext 2, 5 and 6, he

went to the houses of the addressees who he knew and sealed

envelopes in the name of Ismail Ali could not be delivered since

he had already expired and Ext. 5 and 6 were not delivered

because father’s name was not correctly mentioned. From the

above it cannot be held that all the persons introduced by

Rafiqul Islam have been proved beyond reasonable doubt to be

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non-existent entities. On the contrary, it appeared from the

testimony of PW 3 that there were persons of that name. The

conduct of the witness (Postman) in returning all the letters, as

mentioned and exhibited, also gave rise to suspicion as he

admittedly returned all the envelopes undelivered on the same

day without making any further attempt to deliver the letters.

15. Accused (A-6) Babul Nath introduced Sri Pawan

Das and Chintu Das who were alleged to be non-existent

persons. PW-6, Smt. Nafiza Begum, Village Head person of

Balichapori and Balika Chuburi village deposed, during her

examination-in-chief, that she has never know persons named

Chintu Das and Pawan Das. She also stated that record of voter

list of their village is maintained in the office of Gaonbura.

During the cross-examination she admitted that it is not

possible to remember the names of all persons in the village

simply because the village Head person had not met the two

persons of the names mentioned above, perhaps, conclusively

hold that these persons actually did not exist.

16. Accused (A-8) Hitendra Saikia stood as guarantor

to the loan taken by accused (A-7) Dipak Kumar Das for M/s

Assam Tea Company. PW-2 and PW-4 deposed that they have

never heard of any firm named M/s Assam Tea Company. The

prosecution case is that accused Hitendra Saikia and Dipak

Kumar Das knowingly and illegally obtained the loan for M/s

Assam Tea Company for the purpose of taking the loan. From

the testimony of PW-11, Uttam Paul the employee of the UCO

bank, Sh. Hitendra Saikia was a customer of the bank who

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stood a guarantor for the loan account of Sri Dipak Kumar Das

for M/s Assam Tea Company. From the testimony of DW-4, an

officer of UCO Bank, who appeared in the Court on receipt of

summons and to produce the statement of Accounts of Assam

Tea Company and compromise letter of M/s Assam Tea

Company, it appeared that there were transactions in the

account. The said copy of the statement was exhibited as Ext.-

Q and the Compromise letter is exhibited as Ext.-R. The witness

further stated that there were realisation in the account of M/s

Assam Tea Company and that bank agreed for the compromise

settlement for closing of the loan account on payment of Rs,

4,73,474.00/-. It is obvious from the aforesaid that Dipak

Kumar Das who took the loan for M/s Assam Tea Company

cannot be said to be non-existent entity. There were

transactions in the said loan account and when the loan

became bad, bank entered into a discussion for settlement of

the loan account. From the said facts it can be clearly held that

accused Dipak kumar Das, who took loan for M/S Assam Tea

Company was very much in existence and hence he and the

guarantor accused Hitendra Saikia cannot be held to have taken

part in any criminal conspiracy nor had fraudulently cheated the

Bank.

17. During argument learned Spl. PP submitted that the

certified copies of the voter list shows that some of the persons

who allegedly took loan were not voter of the relevant

constituency and thus these persons were non-existent.

Learned defence lawyer submitted that certified copies of the

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entries of the Electoral Roll is only conclusive evidence of the

fact that the persons whose names found mentioned in the

Electoral Roll is the elector of that constituency unless it is

proved that he is disqualified to be electoral otherwise. The

main crux of the prosecution was that the accused knowingly

and intentionally introduced to the Bank such persons who

were never in existence and also stood guarantor to their loan

accounts in connivance with the concerned Bank official who

has expired during trial of the case. It is a fact that it may not

be always possible to give affirmative evidence about the date

of the formation of the conspiracy about the persons who took

part in the conspiracy. Circumstantial evidence is enough to

show that the accused were part of a criminal conspiracy. In

this case prosecution sought to show that the accused persons

introduced certain persons to the Bank who were not in

existence in reality. That apart, the accused also stood as

guarantor to the loan accounts of the respective persons whom

they introduced. We have already seen that the prosecution

could not prove beyond reasonable doubt that such persons

were indeed nonexistent. Moreover, the fact that the accused

stood as guarantors for loan accounts of such persons would

indicate that those persons must have existed. Any guarantor

would know that he would be equally liable to pay off the loan

in case the borrower defaults. Certain other circumstances, as

found in the evidence, also weaken the prosecution case. PW

14, Sri T. Nath, the then Branch Manager of the Panchmile

Branch of UCO Bank, stated that he joined in the branch on

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16.7.2009 and remained there as Branch manager till 30.10.11.

The alleged loans were disbursed from this branch during 2005-

06. He further stated, during cross examination, that many

such loans, during his tenure, were recovered. The relevant

part of his cross examination runs as under:- “I was in-charge

of the said Branch till 30.11.2011. During my tenure large

numbers of so called fraud loans involving this case have been

recovered. After the CBI case started most of the borrowers

started repaying loan amounts spontaneously and at my

initiative also they have recovered substantial amounts of loan.”

The aforesaid statement of the officer of the concerned Bank

also strongly indicated that there was perhaps no fraudulent

intention on the part of the accused, who are standing trial as

on today, to defraud the bank. There was also absolutely no

evidence to show that wrongful gain was caused to the

aforesaid accused.

18. Indeed the proof or otherwise in a case of criminal

conspiracy is ordinarily a matter of inference and such inference

can be drawn on evaluation of proved circumstances. But in the

instant case no such circumstances appeared to have been

proved on the basis of which such inference of criminal

conspiracy could be safely drawn. There was no proof to show

that the accused facilitated sanction of loan to fake persons.

During investigation I/O obtained specimen handwriting/

signatures of the accused (facing trial) but there appeared no

such evidence to show that the accused, facing trial as on date,

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committed any such act which could be held to be strong

circumstance against them.

19. In view of the above, it appears to me that the

prosecution has not been able to prove beyond reasonable

doubt the charges framed against accused Khairuddin Ahmed,

Giasuddin Ahmed, Imtiazuddin Ahmed, Rafiqul Islam, Babul

Nath, Dipak Kumar Das and Hitendra saikia. These accused are

therefore, acquitted and set at liberty. Their bail bonds stand

cancelled.

Given under my hand and seal of this court on this 26th

day of March, 2015.

Special JudgeCBI Court, AssamGuwahati

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A N N E X U R EList of Prosecution Witnesses :

Sl. No. Witness No. Name of the Witness

1. PW-1 Sh. Suresh Kumar Subba2. PW-2 Sh. Vikram Chand Joshi3. PW-3 Sh. Abdul Khalek4. PW-4 Sh. Tapan Ganguli5. PW-5 Sh. Umar Farooque6. PW-6 Smt. Nafiza Begum7. PW-7 Md. Ramjan Ali8. PW-8 Md. Harmuj Ali9. PW-9 Sh. Nila Kanta Kalita10. PW-10 Mrs. Miranda Das11. PW-11 Sh. Uttam Paul12. PW-12 Sh. Gopal Chetry13. PW-13 Sh. Amar Chand Slath14. PW-14 Sh. Tuleshwar Nath15. PW-15 Smt. Subha Bhattacharya16. PW-16 Sh. Girish Baishya17. PW-17 Sh. M.T. Mang18. PW-18 Sh. Vinod Kumar

List of Defence Witnesses :

Sl. No. Witness No. Name of the Witness

1. DW-1 Sh. Somnath Sarma2. DW-2 Sh. Abdul Kuddus3. DW-3 Sh. Jayanta Kumar Nath4. DW-4 Sh. Mirzamal Rabha

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List of Prosecution Documents :Sl. No. Exhibit No. Nature of Documents

1. Ext.1 Letter no. 4621.2. Ext.2 to Ext.6 Sealed envelopes.3. Document X Photograph4. Ext.7 Specimen signature card.5. Ext.8 Account opening form.6. Ext.9 Transfer credit voucher.7. Ext.10 Debit voucher.8. Ext.11 Certified copy of the loan ledger.9. Ext.12 Specimen signature card.10. Ext.13 Account opening form.11. Ext.14 Transfer credit voucher.12. Ext.15 Debit loan voucher.13. Ext.16 Extract of the loan ledger folio.14. Ext.17 Acknowledgement of demand promissory note. 15. Ext.18 Demand promissory note.16. Ext.19 Balance confirmation certificate.17. Ext.20 Loan application.18. Ext.21 Hypothecation cum agreement for agricultural

loan.19. Ext.22 Confirmation letter.20. Ext.23 Specimen signature card.21. Ext.24 Account application form.22. Ext.25 Loan debit transfer voucher.23. Ext.26 Extract of loan ledger.24. Ext.27 & Ext.28 Application forms.25. Ext.29 Acknowledgement of demand promissory note.26. Ext.30 Agreement in the bank format.27. Ext.31 Balance confirmation in the bank format.28. Ext.32 Blank non judicial stamp paper.29. Ext.33 Letter of waiver of demand promissory note.30. Ext.34 Hypothecation cum agreement.31. Ext.35 Balance confirmation.32. Ext.36 Demand promissory note.33. Ext.37 Blank non judicial stamp paper.34. Ext.38 Application for agricultural credit short term

loan.35. Ext.39 Specimen signature card.36. Ext.40 Savings account application form.37. Ext.41 Specimen signature card.38. Ext.42 Application form of savings bank account.39. Ext.43 Application form for agriculture short term loan.40. Ext.44 Savings credit voucher.41. Ext.45 Loan account debit voucher.42. Ext.46 Request letter for grant of Kishan Credit Card.43. Ext.47 Balance confirmation certificate.44. Ext.48 Hypothecation cum agreement.45. Ext.49 Acknowledgement of confirming the demand

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promissory note.46. Ext.50 Blank non judicial stamp paper.47. Ext.51 Specimen signature card.48. Ext.52 Application for opening of savings account.49. Ext.53 Transfer credit voucher.50. Ext.54 Debit voucher of the loan account.51. Ext.55 Application for agriculture credit short term

loan.52. Ext.56 Request of issuance of Kishan Credit Card.53. Ext.57 Balance confirmation of the loan account.54. Ext.58 Crop loan agreement. 55. Ext.59 Bank format in proforma A/117.56. Ext.60 Acknowledgement confirming the demand

promissory note. 57. Ext.61 Blank non judicial stamp paper. 58. Ext.62 Specimen signature card. 59. Ext.63 Account opening form.60. Ext.64 Extract of the loan ledger folio.61. Ext.64/1 Certificate.62. Ext.65 Application for agriculture Credit short term

loan.63. Ext.66 Balance confirmation of the loan.64. Ext.67 Request for issuance of Kishan Credit Card.65. Ext.68 Agreement of crop loan.66. Ext.69 Bank format in form of A/117.67. Ext.70 Non judicial stamp paper.68. Ext.71 Acknowledgement confirming the demand

promissory.69. Ext.72 Specimen Signature Card.70. Ext.73 Credit voucher.71. Ext.74 Debit Voucher.72. Ext.75 Request letter for issuance of KCC73. Ext.76 Application for agriculture loan.74. Ext.77 Sanction advice for KCC.75. Ext.78 Balance confirmation certificate.76. Ext.79 Bank format No.A/117.77. Ext.80 Agreement for crop loan.78. Ext.81 Acknowledgment.79. Ext.82 Stamp paper.80. Ext.83 Debit voucher.81. Ext.84 Loan ledger.82. Ext.85 Application for agriculture loan.83. Ext.86 Balance confirmation certificate.84. Ext.87 Sanction advice of loan.85. Ext.88 Request letter for issuance of KCC.86. Ext.89 Agreement.87. Ext.90 Bank format No.A/117.88. Ext.91 Acknowledgment.89. Ext.92 Stamp paper.90. Ext.93 Specimen Signature Card.

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91. Ext.94 Account opening form.92. Ext.95 Debit voucher.93. Ext.96 Credit voucher.94. Ext.97 Loan ledger.95. Ext.98 Demand promissory note.96. Ext.99 Sanction advice.97. Ext.100 Application for agriculture loan.98. Ext.101 Hypothecation.99. Ext.102 Acknowledgment.100. Ext.103 Specimen signature card.101. Ext.104 Application form.102. Ext.105 Credit voucher.103. Ext.106 Debit voucher.104. Ext.107 Loan ledger.105. Ext.108 Balance confirmation certificate.106. Ext.109 Demand promissory note.107. Ext.110 Sanction advice.108. Ext.111 Application for agriculture loan.109. Ext.112 Hypothecation.110. Ext.113 Acknowledgment.111. Ext.114 Debit voucher.112. Ext.115 Extract of loan ledger.113. Ext.116 Application for agriculture loan.114. Ext.117 Demand promissory note.115. Ext.118 Request letter for issuance of KCC.116. Ext.119 Acknowledgment.117. Ext.120 Non judicial stamp paper.118. Ext.121 Agreement.119. Ext.122 Bank format No.A/117.120. Ext.123 Seizure memo dt.12.6.08.121. Ext.124 Letter dt.26.6.08.122. Ext.125 Seizure memo.123. Ext.126 Seizure memo dt.2.7.08.124. Ext.127 Letter dt.24.2.2010.125. Ext.128 Letter.126. Ext.129 Account opening form.127. Ext.130 Specimen signature card.128. Ext.131 Debit voucher.129. Ext.132 Credit voucher.130. Ext.133 Debit voucher.131. Ext.134 Credit voucher.132. Ext.135 Debit voucher.133. Ext.136 Credit voucher.134. Ext.137 Account opening form.135. Ext.138 & 139 Specimen signature cards.136. Ext.140 Account opening form.137. Ext.141 Application for opening an S/B account.138. Ext.142 &143 Specimen signature cards.139. Ext.144 & 145 Application for opening an S/B account.140. Ext.146 Specimen signature card.

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141. Ext.147 Account application form.142. Ext.148 Specimen signature card.143. Ext.149 Account opening form.144. Ext.150 Specimen signature card.145. Ext.151 Account opening form.146. Ext.152 Specimen signature card.147. Ext.153 Account opening form.148. Ext.154 Specimen signature card.149. Ext.155 & 156 Credit vouchers.150. Ext.157 & 158 Debit vouchers.151. Ext.159 Specimen signature card.152. Ext.160 Account opening form.153. Ext.161 Credit voucher.154. Ext.162 Debit voucher.155. Ext.163 Account opening form.156. Ext.164 Specimen signature card.157. Ext.165 Credit voucher.158. Ext.166 Debit voucher.159. Ext.167 Account opening form.160. Ext.168 Specimen signature card.161. Ext.169 & 170 Credit vouchers.162. Ext.171 & 172 Debit vouchers.163. Ext.173 Seizure memo dt. 2.12.2009.164. Ext.174 Letter dt.5.12.09.165. Ext.175 File.166. Ext.176 Transfer Order.167. Ext.177 Letter dt.23.2.2010.168. Ext.178 & 183 Specimen writings and signatures.169. Ext.184 F.I.R.170. Ext.185 Envelope.171. Ext.186 & 187 Specimen writings and signatures.172. Ext.188 GEQD Report.173. Ext.189 Ledger Folio.174. Ext.190 Hypothecation.175. Ext.191 Letter of consent.176. Ext.192 Guarantor’s statement.177. Ext.193 Undertaking.178. Ext.194 Non judicial stamp paper.179. Ext.195 Loan application.180. Ext.196 Process note.181. Ext.197 Sanction advice.182. Ext.198 Balance confirmation.183. Ext.199 Letter of consent.184. Ext.200 Project Report.185. Ext.201 & 202 Non judicial stamp papers.186. Ext.203 Acknowledgment.187. Ext.204 Demand promissory note.188. Ext.205 Acknowledgment.189. Ext.206 & 207 Cheques.

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190. Ext.208 Certified copy of ledger.191. Ext.209 Certified copy of ledger statement.192. Ext.210 Application form.193. Ext.211 Agreement.194. Ext.212 to 214 Non judicial stamp papers.195. Ext.215 Hypothecation.196. Ext.216 Letter of consent.197. Ext.217 Balance confirmation certificate.198. Ext.218 Guarantor’s statement.199. Ext.219 Guarantor’s agreement.200. Ext.220 Letter of consent.201. Ext.221 Balance confirmation certificate.202. Ext.222 Ledger Folio.203. Ext.223 Certified copy of loan ledger.204. Ext.224 Application form.205. Ext.225 Agreement.206. Ext.226 & 227 Non judicial stamp papers.207. Ext.228 Hypothecation.208. Ext.229 Guarantor’s agreement.209. Ext.230 to 232 Non judicial stamp papers.210. Ext.233 Letter of consent.211. Ext.234 Balance confirmation certificate.212. Ext.235 Guarantor’s statement.213. Ext.236 Letter of consent.214. Ext.237 Balance confirmation certificate.215. Ext.238 Certified copy of ledger folio.216. Ext.239 Certified copy of loan ledger folio.217. Ext.240 Application form.218. Ext.241 Agreement.219. Ext.242 Hypothecation.220. Ext.243 Letter of consent.221. Ext.244 Balance confirmation certificate.222. Ext.245 Guarantor’s statement.223. Ext.246 Guarantor’s agreement.224. Ext.247 & 249 Non judicial stamp papers.225. Ext.250 Letter of consent.226. Ext.251 Balance confirmation certificate.227. Ext.252 Certified copy of ledger folio.228. Ext.253 Certified copy of loan ledger folio.229. Ext.254 Application form.230. Ext.255 Agreement.231. Ext.256 Hypothecation.232. Ext.257 Letter of consent.233. Ext.258 Balance confirmation certificate.234. Ext.259 Guarantor’s statement.235. Ext.260 Balance confirmation certificate.236. Ext.261 Agreement.237. Ext.262 Letter of consent.238. Ext.263 Certified copy of ledger folio.

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239. Ext.264 Certified copy of loan ledger folio.240. Ext.265 Application form.241. Ext.266 Agreement.242. Ext.267 Hypothecation.243. Ext.268 Letter of consent.244. Ext.269 Balance confirmation certificate.245. Ext.270 to 272 Non judicial stamp papers.246. Ext.273 Guarantor’s statement.247. Ext.274 Letter of consent.248. Ext.275 Blank balance confirmation certificate.249. Ext.276 to 291 Seizure memos.250. Ext.292 Charge sheet.251. Document A Letter dt.23.3.2010.252. Document PY Service Record.253. Document B Account opening form.254. Document Z Letter255. Document ZZ Reasons for opinion.

List of Defence Exhibits :

Sl. No. Exhibit No. Nature of Documents

1. Ext. C to Ext. E Certificates issued by Tuleswar Nath. 2. Ext. F Identity Card3. Ext. F/1 Certificate.4. Ext. G to P Voter lists.5. Ext.Q Bank statement.6. Ext.R Compromise letter.

Special Judge, CBIAssam, Guwahati

IN THE COURT OF THE SPECIAL JUDGE, C.B.I., …kamrupjudiciary.gov.in/mar-15 jdgmnt/26-03-2015...

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Transcript of IN THE COURT OF THE SPECIAL JUDGE, C.B.I., …kamrupjudiciary.gov.in/mar-15 jdgmnt/26-03-2015...