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IN THE HIGH COURT OF DELHI
Manmohan Singh, J.
Shashi Goil & Anr. - Petitioners
Versus
State Govt. of NCT of Delhi & Anr. - Respondents
Bail Appln. 791 of 2013 and Crl.M.C. 1621 of 2013
Decided on : 9-02-2016
Criminal Procedure Code, 1973 - Section 438 - Penal Code, 1860 - Section 406, 420, 467, 468, 471, 120-B - Bail - Forgery - Loan form signed by agent - Undertaking given - Grant of bail - Loan taken by the company - It has been repaid to the respective bankers - Court has appointed the Administrator to look into the entire matter - Petitioner No.1 is a house wife and she is not involved in the day-to-day affairs of the company - There is no allegation regarding the role of the petitioner No. 1 in the transaction - Petitioner No. 2 is a young person aged about 32 years and has two very young children and has already joined investigation - Petitioner No.2 have signed on the loan application forms as guarantor but they are not the beneficiaries who have never taken any loan from the banks - Bail is granted as no custodial investigation is required - Loan application forms were got signed from the complainant by the agent - P.Goel is not at all involved in the acts of forgery - Author of the alleged forgery has neither been named nor established - CFSL report is not decisive and binding upon him - No loss has been caused to the complainant and/or to the company and/or to the banks in any manner - Entire loan amount has been paid - There is no chance of him fleeing away from the process of law - Undertaking has been to appear before the concerned court during the course of trial on the time - The bail is being granted subject to the abovementioned conditions.
Manmohan Singh, J.
Pramod Goil, petitioner in Crl.M.C. No.1621/2013 has filed the petition under Section 482 of Cr.P.C. seeking quashing of the order dated 22nd April, 2013 passed by Additional Sessions Judge, Patiala House Courts, New Delhi whereby the bail granted to the petitioner was cancelled in FIR No.268/2009 dated 26th December, 2009 registered with PS EOW, under Section 406/420/467/468/471/120-B IPC.
2. Another petition is filed by Smt. Shashi Goil and her son, Ritesh Goil, both are wife and son of Mr. Pramod Goil who have filed the second anticipatory bail application under Section 438 of Cr.P.C. for grant of anticipatory bail in the same FIR.
3. Lalit Aggarwal, is the complainant and Pramod Goil is his brother in law. Both matters are arising from the same FIR and due to many common facts, the petitions are being decided by a single order.
4. Status reports have been filed in both the matters from time to time. The relevant facts as per the status report dated 4th July, 2013 are as under:
"The complainant Sh. Lalit Aggarwal, one of the director of M/s Shree Bihari Forging P. Ltd. A-50, Section 2, Noida, UP had alleged in his complaint that he and his brother-in-law Mr. Pramod Goil, who is another director in the said company, were engaged in the business of manufacturing and dealing with metal forging etc. During the last about 4/5 years, certain disputes arose between them regarding the management and working of the said company and as a result, the proceedings before the Company Law Board were initiated against each other. The cases were filed before the Company Law Board in the year of 2007 and matter are still pending there. The complainant received information from various banks and other financial institutions regarding loans taken by Pramod Goil in the name of M/s Shree Bihari Forging Pvt. Ltd. in which his name was given as a guarantor/applicant. Thereafter, on enquiry he found that his brother-in-law Mr. Pramod Goil and his family members took loan of Rs. 1.25 Crore from following Banks and Financial Institutions after forging his signature and fabricated the documents in the name of M/s Shree Bihari Forgings Pvt. Ltd.
1. Bajaj Finance, Jagannath Dudhadhra Complex, Opp. Maharaja Agrasen Hospital, Rohtak Road, New Delhi - Loan Amount Rs. 15 Lacs.
2. India Bulls Financial Services Ltd., A-1, FF, Hamilton House, Connaught Place, New Delhi - Loan Amount Rs. 25 Lacs.
3. Megama Finance, A-1/93, Basement, Okhla Indl. Area, Phase-I, New Delhi - Loan Amount Rs. 15 Lacs.
4. Kotak Mahindra Bank, Amba Deep Building, Kasturba Gandhi Marg, New Delhi - Loan Amount Rs. 15 Lacs.
5. Standard Chartered Bank, 10, Sansad Marg, Jeevan Deep Building, New Delhi - Loan Amount Rs. 25 Lacs.
6. ABN Amro Bank, 15, Barakhamba Road, Con. Place, New Delhi - Loan Amount Rs. 20 Lacs.
7. Religare Finvest Ltd., 1/7, East Patel Nagar, Near 178, Metro Pillar New Delhi - Loan amount Rs. 20 Lacs.
During investigation the loan application forms along with the supporting documents have been taken from the above mentioned banks and financial institutions. The concerned officials of bank/financial institutions were examined. They stated that accused Pramod Goil took loan from their banks/financial institutions.
The Chartered Accountant of the company Mr. Mahesh Gupta was examined, who stated that he worked as a statutory auditor for the company of Shree Bihari Forgings Pvt. Ltd. for the financial year 2004-05 to 2006-07. After that he has not signed any balance sheet. The balance sheet of 2007-2008 is forged as he has not signed the same.
Specimen signatures of the accused persons taken after the approval of Ld. Trial Court, specimen signature of accused, Chartered Accountant, admitted signature and specimen signatures of complainant along with all original documents collected from banks and financial institutions were deposited in GEQD for expert opinion. The FSL result has been received and as per the opinion of the FSL, signatures of Lalit Aggarwal and
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