An advocate can only be held liable in a criminal conspiracy if actively participating in a plan to defraud the bank, and there must be tangible evidence linking the advocate to the conspiracy.

Muttaci Jeyapaul, J.

1. The application is allowed permitting the petitioner to place on record the certified copies of the Encumbrance Certificates attached as Annexure P-7 and P-8 in the interest of justice.

The petition is filed invoking the provision under Section 482 Cr. P.C. for quashing FIR No. R.C. No. 1(E)/2008 dated 17.5.2008, under Sections 120-B, 420, 467, 468, 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 Police Station CBI, EOW-1, New Delhi and all subsequent proceedings arising therefrom.

2. The allegation is that accused Raja Singh, Amit Singh, Amarjit Singh Rataul, Montu, Inderbir Singh Walia, Kulwant Singh, Advocate (the petitioner herein) having hatched a criminal conspiracy with accused P.R. Bhatkar (retired public servant) and B. Ranjan (public servant) cheated and defrauded Canara Bank, D.S. Market Branch, Amritsar by availing cash limit on the basis of false affidavits, false balance sheets, false verification report of sale deeds and inflated valuation reports and also by misrepresentation of facts and thus caused wrongful loss to the Bank and wrongful gain to the abovesaid persons to the extent of Rs. 138.27 lacs during the year 2003-05.

3. The charge-sheet filed by the investigating official would disclose that verification of the title deeds of the property was carried out by Kulwant Singh, Advocate. He submitted his report dated 6.3.2003 stating therein that he had inspected the records of the office of Sub Registrar, Amritsar relating to the subject property for the last 13 years and found no encumbrance or charge on the said property. The said property was registered by Swaran Singh in favour of Mukhtar Singh and others by way of sale deed dated 14.11.1996 which was duly recorded in the office of Sub Registrar. Petitioner Kulwant Singh, Advocate failed to inspect the records in the office of Sub Registrar, Amritsar and submitted a false report. In the charge-sheet it has been further stated that the investigation revealed that verification of the title deeds of the subject properties was carried out by Kulwant Singh, Advocate who submitted a report on 1.4.2003 stating therein that Montu had clear title over the properties. He also mentioned that he had inspected the records of the office of Sub Registrar, Amritsar relating to the subject properties for the last 13 years and found no encumbrance or charge on the properties.

4. The criminal prosecution initiated as against petitioner Kulwant Singh who is an Advocate by profession is challenged on the ground that no case was made out as against the petitioner who had rendered professional advice after verifying the documents. It is further contended that no material was collected by the investigating agency to show that the petitioner in connivance with others defrauded the Bank. Therefore, it is submitted that the prosecution laid as against the petitioner who rendered legal advice may be relieved of the charges.

5. Learned counsel appearing for the CBI referring to the opinions given by petitioner Kulwant Singh would submit that Kulwant Singh had given an opinion without even verifying the Index register and other relevant documents in the office of Sub Registrar, Amritsar. Whereas, he has categorically stated in the first information report that he did verify those registers and found that there was no encumbrance or charge on the said properties. In the opinion found appended as Annexure P-5, the petitioner has given his opinion under the heading Certificate of Encumbrance as follows:-

IV. CERTIFICATE OF ENCRUMBRANCE

It is further clear from the Certificate of Encumbrance that the property fully mentioned in the certificate is free from all types of encumbrance or charges. The said certificate has been issued by the Sub Registrar, Amritsar after making the search from the index register and other relevant record maintained in his office for the period from 1.4.1985 to 2.3.2003. I have also inspecte