The court held that mere negligence by an advocate in providing legal opinions does not constitute criminal conspiracy without evidence of active participation in the fraudulent scheme.

JUDGMENT :

(SUJIT NARAYAN PRASAD, J.)

1. The instant criminal miscellaneous petition has been preferred for quashing of entire criminal proceedings in relation to the petitioner in connection with CBI, EOW, Ranchi case being F.I.R. No. RC0932014S0005 dated 02.05.2014 registered under Sections 120(B) r/w Sections 406/420/467/468 & 471 of the I.P.C. and subsequently Sections 13(2) r/w Section 13(1) (c) & (d) of P.C. Act were added in the charge sheet pending in the court of Learned Special Judge, C.B.I. Ranchi in R.C.05(S)/2014-EOW-R.

Further, petitioner has also prayed for quashing of order dated 25.09.2019 passed by learned Special Judge, C.B.I., Ranchi in R.C. 05 (S)/2014-EOW-R whereby and whereunder the discharge application filed by the petitioner has been rejected by the learned court.

Prayer has also been made for quashing of order dated 03.01.2020 passed by learned Special Judge, C.B.I., Ranchi in R.C.5(S)/2014-EOW-R whereby and whereunder charges have been framed against the petitioner u/s 120(B) r/w Sections 420/467 & 471 IPC and section 13(2) r/w section 13(1) (c) & (d) of Prevention of corruption Act.

Factual Matrix

2. The brief facts of the case as mentioned in the instant petition, which are required to be enumerated read hereunder as :-

As per the complaint made by Sri. Vimal Kumar Sharma, Chief Manager, Punjab National Bank, Circle Office, Bagroy Market, Main Road, Ranchi is that an act of criminal conspiracy and cheating was committed by the accused borrowers Amrendra Kumar Singh and Rakesh Kapoor, both partners of M/s KSS Infrastructure who had obtained cash credit limit of Rs. 5 crores and Bank Guarantee limit of Rs. 5 crores for the purpose of carrying out business of Civil Contractor against the hypothecation of primary security i.e. stocks/book debts from the Punjab National Bank, Sakchi Branch, Jamshedpur by depositing fake and fabricated documents.

It has been alleged that for obtaining said cash credit limit and Bank Guarantee, Ravi Gupta @ Ravin Gupta and Narendra Kumar Srivastava stood as guarantors and created equitable mortgage by depositing fake and fabricated sale deeds and thus cheated the bank to the tune of Rs. 4.74 crores.

Allegation has been levelled that Amrendra Kumar Singh, Rakesh Kapoor, Ravi Gupta @ Ravin Gupta and Narendra Kumar Srivastava in connivance with each other hatched criminal conspiracy and in pursuance to the same dishonestly and fraudulently forged the documents and cheated Punjab National Bank to the tune of Rs. 4.74 crores and caused wrongful gain to themselves and corresponding wrongful loss to the Bank. Based on the aforesaid allegation R.C. 05(S)/2014-EOW-R was instituted.

3. The CBI, after conducting investigation, has submitted charge sheet against the petitioner and others u/s 120B r/w 420, 467 and 471 IPC & section 13(2) r/w 13(1)(c) & (d) of the P.C. Act. Accordingly, cognizance of the offence has been taken against the petitioner and others.

4. Consequently, the application for discharge being Misc. Criminal Application no. 1003/2019 has been filed by the petitioner by taking the ground that petitioner is not liable/responsible to verify the originality/genuineness of the documents before the Registry Office/Circle Office and it was not the duty of the petitioner to verify the same.

5. Per contra learned counsel appearing for the CBI had submitted that petitioner was empanelled advocate of the bank and in that capacity he submitted his report about conducting the legal investigation of the title and made a search of records in the Registration Office thereby induced the bank to sanction the credit facility to co- accused borrower.

6. Taking in to consideration the aforesaid submission of the parties, the learned Special Judge, CBI, Ranchi has dismissed the said application vide order dated 25/09/19 and directed the petitioner to remain physically present on the date fixed for charge.

7. Accordingly, vide order dated 05.11.2019 charges under Sections 120B r/w 420, 467 and 471 IPC