IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, 9TH
COURT,
BANDRA, MUMBAI.
Criminal Complaint Case No. 265/SW/ 2014
1.
Indur
Kartar Chhugani. )
R/o
501, 502 Pinky Panorama, )
6th
Road, Khar (W), )
Mumbai
– 400 052. )
Presently
Residing at )
C/o,
Shri V.S. Pathare, )
C
805, Sushila Baug, )
S.V.
Road, Santacruz (W), )
Mumbai
– 400 054. )..Complainant no 1.
2.
Rekha
Indur Chhugani. )
R/o
501, 502 Pinky Panorama, )
6th
Road, Khar (W), )
Mumbai
– 400 052. )
Presently
Residing at )
C/o,
Shri V.S. Pathare, )
C
805, Sushila Baug, )
S.V.
Road, Santacruz (W), )
Mumbai
– 400 054. ).. Complainant no 2.
3.
Sushil
Indur Chhugani. )
R/o
501, 502 Pinky Panorama, )
6th
Road, Khar (W), )
Mumbai
– 400 052. )
Presently
Residing at )
C/o,
Shri V.S. Pathare, )
C
805, Sushila Baug, )
S.V.
Road, Santacruz (W), )
Mumbai
– 400 054. ).. Complainant no 3.
V/S
1)
Punjab National Bank )
Through General Manager, )
11th Floor, Dalamal towers )
Nariman Point )
Mumbai – 400021
)
2)
Bharat Overseas Bank )
C/o Indian Overseas Bank, )
Through General Manager, )
5th floor, Maker Towers, )
Cuffe Parade, Colaba, )
Mumbai 400 005 )
3)
Mr. Surinder Singh Kohli, )
Nidhvan Colony, Near Kaveri Vatika, )
Nagla Tikona Raod, Aligarh. )
4)
Mr. R. I. Sidhu, )
At the
material time was
PNB, General Manager, )
11th Floor, Dalamal towers )
Nariman Point )
Mumbai – 400021 )
Presently at
Sharul Techno-Financial Consultancy )
Services Private Ltd., 489, Raj Guru )
Street, Civil lines, Ludhiana – 141 001. )
5)
Mr. G. Krishnamurthy, )
At the
material time was )
Managing Director )
Bharat Overseas Bank, )
22/26, K Dubash Marg, )
Kalaghoda, Fort, )
Mumbai 40001 )
Presently at:
G.R. Thangamaligai and Co., )
136, Usman Road, Chennai – 600 017. )
6)
Shri. S. Parthasarathy,
At the
material time was )
General Manager )
Bharat Overseas Bank, )
22/26, K Dubash Marg, )
Kalaghoda, Fort, )
Mumbai 40001 )
Presently at:
General Manager, )
Indian Overseas Bank, Chennai. )
7)
Mr. Alok Kulshreshtha, )
At the
material time was )
Chief Manager of PNB )
Asset Recovery Branch )
265, Bazargate Street )
Mumbai 40001 )
Presently at
101, PNB Officers Flat, )
Silverline Apt. Military Road, )
Marol, Andheri (E), )
Mumbai - 400059. )
8)
Mr. Anil Bhan,
At the
material time was
PNB, Asst General
Manager, )
11th Floor, Dalamal towers )
Nariman Point )
Mumbai – 400021 )
Presently at
General Manager, )
Punjab National Bank, )
South West Delhi, Delhi. )
9)
Mr. R. Srinivasan, )
At the material
time was )
Senior Manager of PNB )
Asset Recovery Branch )
265, Bazargate Street )
Mumbai 40001 )
Presently at
101, PNB Officers Flat, Silverline Apt. )
Military Road, Marol, Andheri (E), )
Mumbai - 400059. )
10) Mr. Mihir Datta, )
At the
material time was )
Chief Manager )
Bharat Overseas Bank, )
22/26, K Dubash Marg, )
Kalaghoda, Fort, )
Mumbai 40001 )
Presently at:
R.C. Dutt Road, Near IOB Bank, )
At Alkapuri )
Vadodara – 391 005. )
11) Mr. R.K. Gupta, )
At the
material time was )
Asst. General Manager
)
Bharat Overseas Bank, )
22/26, K Dubash Marg, )
Kalaghoda, Fort, )
Mumbai 40001 )
Presently at:
A – 7, 302 Olive County, Sector 5, )
Vasundhara, Ghaziabad (U.P)
201 012
12) Mr Manoj Shah )
At the
material time was )
Law Officer )
Indian
Overseas Bank, )
5th floor, E Maker
Towers, )
Cuffe Parade, Colaba, )
Mumbai 400 005 )
Presently at: )
1st
floor, Sharad Shopping Centre, )
Chinubhai Tower, Ashram Rd., )
Ahmedabad – 380009 )
13) Mr S Umapthi )
At the
material time was )
Asst General Manager )
Indian
Overseas Bank, )
5th floor, E Maker
Towers, )
Cuffe Parade, Colaba, )
Mumbai 400 005 )
Presently at: )
763, New Building Annexe, )
3rd Floor, Anna Salai )
Chennai – 460 002 )
14) Mr Yogesh Sadhwani )
Senior
Reporter )
‘Mumbai Mirror’ )
Times
of India Building, )
D N Road, )
Mumbai 400 001 )…Accused
Complaint under Section 190 of the
Code of Criminal Procedure for
the offence Punishable
Under Sections 201, 383, 384, 385, 386, 387, 406,
409, 418, 420, 421, 466, 467, 468, 471,
474, 500, 504, 506 and 509 r/w 34, 109, 120B of I.P.C.
And Under Section 5(2) of
the Prevention of Corruption Act
And Under Section 66E of the Information Technology Act.
MAY IT
PLEASE YOUR HONOUR :
I, Indur
Kartar Chhugani, age 66 years, Indian Inhabitant, do hereby state on solemn
affirmation as under:
1) Complainant No 2 Mrs Rekha Indur Chhugani age 56 is my wife and Complainant No 3 Shri Sushil
Indur Chhugani age 34 is my son.
2) All the Accused have committed multiple frauds in a Criminal
Conspiracy and committed breach of trust. Also the Accused have used as genuine,
documents which they have earlier forged and fabricated regarding 2 flats and
cheated the complainants by selling these 2 flats to complainants after
suppressing the most important fact, that these flats were attached by a Court
and thus caused a wrongful loss to the complainants, as the property has now been
taken over by the same Court on 06.12.2013. Further the accused have destroyed all
important documents in their possession to escape the consequenses of the
criminal Acts committed by them. Also the accused have got a ‘paid news’
published in ‘Mumbai Mirror’, to defame the complainants. Complete details are
in paras below.
3) I my wife and my son are
permanent residents of the above-mentioned address in the caption since last 9
years i.e since 27.2.2005 and had to move out on 06.12.2013 to the temporary C/o
address as mentioned in the caption. I
further say that the Accused abovenamed are/were the concerned Officers of two
Banks viz. Punjab National Bank and Bharat Overseas Bank Ltd., who were in
service at the relevant time at Mumbai, that is in the year 2005 or so and
presently they are at the concerned addresses as mentioned in the caption
above.
4) I lodged Complaint u/s 409,
418, 420, 421, 466, 467, 468, 471, 474, r/w 34 of Indian Penal Code with the
Senior Inspector of Police, Khar Police Station on 08.02.2014, but they did not
register the complaint. Thereafter I
filed Complaint with Deputy Commissioner of Police on 20.02.2014. After I did
not receive any response to my complaint to DCP, I filed Application on
27.03.2014 at the court of The Metropolitan Magistrate, 9th Court,
Bandra for directions under Criminal Procedure Code 156(3). The learned Magistrate passed order on
30.8.2014, inter alia directing me to file this Private complaint. Hereto
attached is order of the Learned Magistrate as EXHIBIT A.
5) In 2004 I was residing in flat 201 & 202 Pinky Panorama
Cooperative Housing Society Ltd., 6th Road, Khar W. On account of my
daughter’s marriage and other financial difficulties, I sold the flat to Mr.
Manoj Jain and Mr. Pravin Jain. The deal took place in June 2004. However on
account of my daughter’s marriage fixed for 21st August 2004, the
possession of the said flats was given by me on or about 30th
September 2004.
6) While I was staying in my
earlier flats, the Officers of the Punjab National Bank, (Accused Nos 7 Mr.
Alok Kulshreshtha and Accused No 9 Mr. R. Srinivasan) and officers of Bharat
Overseas Bank (Accused Nos 6 Mr S Parthasarthy, No 10 Mr Mihir Datta and No 11
Mr R K Gupta ) used to come to the Society in connection with the flat Nos 501
& 502 in the same building. These Accused (Accused Nos 7 Mr. Alok
Kulshreshtha, No 9 Mr. R. Srinivasan, Nos 6 Mr S Parthasarthy, No 10 Mr Mihir
Datta and No 11 Mr R K Gupta ) informed me that that these flats were mortgaged
by Seema Investments Pvt Ltd., against loan given to Mr Rajkumar Basantani of
Soundcraft Industries Ltd., and that they had initiated action for possession
of the flats at a Magistrates court.
7) I visited
the offices of Accused No 1 Punjab National Bank in the month of September 2004,
I met Accused Nos 7 Mr. Alok Kulshreshtha and Accused No 9 Mr. R. Srinivasan.
They showed me “Memorandum of Equitable Mortgage” signed by Director of Seema
Investments P Ltd., on Rs 25,000 stamp paper and the original Share Certificate
of Flat 502, Pinky Panorama Co-operative Housing Society Ltd., On inquiring
about loan amount given, I was told it was around Rs 30 lakhs.
8) Also I visited office of Accused
No 2 Bharat Overseas Bank, there I met Accused Nos 6 Mr S Parthasarthy, No 10
Mr Mihir Datta and No 11 Mr R K Gupta, they showed me ‘Letter of Hyphotection’
signed on Rs 2 Lacs Stamp Paper and another document “Memorandum of Deposit of
Title Deeds” on Rs 50,000/- stamp paper, also shown was original Share
Certificate of Flat 501, Pinky Panorama Co-operative Housing Society Ltd.,. On
inquiring about loan amout given, I was told it was around Rs 22 lakhs.
9) After both Accused Banks
together had taken possession on 12.10.2004 through the Magistrate’s Court, of
Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd., 6 th Road,
Khar W, I met the Accused Nos 7 Mr. Alok Kulshreshtha and Accused No 9 Mr. R.
Srinivasan of Punjab National Bank, who informed me that both Banks had formed
Joint Asset Sale Committee (JAS Committee) to sell the 2 flats, as both flats
had only one common entrance. The JAS Committee was headed by Punjab National
Bank. I learnt that JAS Committee comprised of 3 Senior Officers of PNB i.e
Accused Nos Accused Nos 7 Mr. Alok Kulshreshtha, No 8 Mr Anil Bhan and No 9 Mr. R. Srinivasan and 2
Senior Officer of Bharat Overseas Bank Ltd., i.e Accused Nos 10 Mr Mihir Datta
and No 11 Mr R K Gupta.
10)
Finally in Mid January
2005, I came to know that JAS Committeee
of the 2 Banks have called for bids for flats on 15.2.2005 and will display
flats to all those interested in buying these flats on 12.02.2005.
11)
On 12.02.2005, I visited for
inspection Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd.,
6th Road, Khar W, ( here after referred as the “Composite Flats” ). I met Accused
Nos 9 Mr R Srinivasan and No 10 Mr Mihir Datta and other officers of the 2
Banks, as also numerous other potential buyers who came to see the flats.
Accused Nos 9 Mr R Srinivasan and 10 Mr Mihir Datta distributed Tender terms to
all potential buyers. Hereto attached is extract of Pinky Panorama Societys’s
Visitors register, which shows signatures of 4 Bank Officers and some of the various
potentional buyers who visited on 12.02.2005 and copy of Terms and Conditions
of Tender distributed on 12.2.2005 as EXHIBIT
B Colly.
12)
As per Tender terms, on 15.02.2005 before 5 pm I gave my offer for the said two flats 501,
502, Pinky Panorama CHS Ltd. This was accepted by the said JAS Committee with
the approval of the then Chairman and General Manager of both the said Banks
i.e Accused Nos 3 Mr Surinder Singh Kohli and No 4 Mr R. I. Sidhu of Punjab
National Bank and Accused No 5 Mr. G. Krishnamurty and No 6 Mr S. Parthasarathy of Bharat Overseas Bank.
13)
On 18.02.2005 the bid offers for flats given by different buyers were
opened by the aforesaid JAS Committee (present were Accused No 7 Mr Alok
Kulshreshtha, No 8 Mr Anil Bhan, No 9 Mr R Srinivasan and No 11 Mr R K Gupta)
of the Banks, wherein the highest bidder for Flat no. 501 was my wife viz. Mrs.
Rekha Chhugani and for Flat no. 502 the highest bid was by me jointly with my
son Mr. Sushil Chhugani. Accordingly the said JAS Committee retained the Bank draft
of Rs. 5 lacs earnest money given by us alongwith the bid as per the terms of
sale. Our total bid was of Rs.
50,91,100/-.
a) Mrs. Rekha Chhugani bid Rs 31,40,900/- for flat 501, at the rate
Rs 5,500/ sq. ft. (area of flat 641 sq.
ft.) – Mortgaged to Bharat Overseas Bank
b) Myself and my Son Sushil Chhugani bid 19,50,200/- for flat 502 at
the rate Rs 5,500/- per sq.ft. (area 398 sq.ft.) - Mortgaged to Punjab National
Bank.
c) Bank Draft of Rs 5 lakhs having No. 089096 dt 15.2.2006 issued by
Bank of Baroda was also given.
Attached is
copy of our bid offer for flats and copy of draft of Rs 5 Lacs purchased from
Bank Of Baroda dated 15.2.2005 No 089096 payable to Accused No 1 viz Punjab
National Bank and retained by the same Accused as EXHIBIT C Colly
14)
On 21.02.2005 Accused Nos 10
Mr Mihir Datta and No 11 Mr R K Gupta, Senior Managers of Accused No 2 Bharat
Overseas Bank demanded Rs 5 lacs extra payment for garage attached to flat 501,
Pinky Panorama. I refused to pay extra Rs 5 lacs. I brought this to the notice
of Accused No 8 Mr Anil Bhan, who was the senior most officer from Punjab
National Bank of the JAS Committee. There after Accused No 8 Mr Anil Bhan
consulted in my presence with Accused No 7 Mr Alok Kulshreshta. Then both these
accused offered to sell flat 502 to me independently, to which I agreed.
15)
On 22.2.2005 the JAS
Committee met and present were Accused Nos 7 Mr Alok Kulshreshta, No 8 Mr Anil
Bhan, No 9 Mr R Shrinivasan of PNB and No 10 Mr Mihir Datta of Bharat Overseas
Bank. After the meeting ended, Accused No 9 Mr R Srinivasan called me and
altered the figures payable for flat no. 501 to the higher side and reduced it
for Flat no. 502 to same extent and as such the total consideration in respect
of both the flats remained the same that is the amount of Rs. 50,91,100/- lacs,
as per original offer. This was done in hand writing by accused No 9 Mr R
Srinivasan, on my copy of the bid offer. [Copy of which is already attached as EXHIBIT
C].
a) Amount payable by Rekha Chhugani for flat 501 mortgaged to Bharat
Overseas Bank was increased to Rs 32,86,100/- ( on
account of garage attached to flat 501).
b) Amount payable by me and my Son Sushil Chhugani for flat 502,
mortgaged to Punjab National Bank was reduced to Rs 18,05,000/-.
c) The toal amount remained unchanged as per our bid Rs 50,91,100/-.
16)
Accused No 1 Punjab National
Bank on 23.2.2005 sent a letter to Accused No 2 Bharat Overseas Bank to either
accept the revised price worked out, from Mrs Rekha Chhugani for flat 501 Pinky
Panorama Co-operative Housing Society Ltd., or the said Punjab National Bank
will proceed to sell Flat no. 502, Pinky Panorama to me and my son Sushil,
without interference of Bharat Overseas Bank and will handover the keys of the
said composite flat to us. In response to the said letter of PNB dated
23.2.2005, the Accused No 10, Mr Mihir Datta of Bharat Overseas Bank immediately
on 23.02.2005 faxed a letter to his Head Office, seeking immediate permission
to sell the flat to the Chhugani’s. A copy of which letter dated 23.02.2005 by
Accused No 10 to his head office is attached as EXHIBIT D.
17)
From RTI reply received by me on 30.6.2010, it
is clear that Accused No 1 Punjab National Bank has destroyed copy of letter
sent to Accused No 2 Bharat Overseas Bank on 23.2.2005 and also all records and
deliberations of the Joint Asset Sale Committee are now destroyed. This act by
Accused is punishabe under section 201 of the IPC. Attached is copy of RTI
reply from PNB dated 30.06.2010 as EXHIBIT
E
18)
As agreed upon on 22.02.2005,
I alongwith my son Sushil on 24.02.2005 paid Rs. 13.05 lacs that is total
amount of Rs. 18.05 lacs for flat 502 (i.e. inclusive of earlier earnest amount
paid of Rs 5 lacs at the time of bid). I
further say that the said payment was made by bank drafts payable to PNB.
Attached are copies of 3 drafts, Rs 10
lacs No 0891951 dated 23.02.2005, Rs 3 Lacs No 089150 dated 23.3.2005, and Rs
5000/- No 089160 dated 24.02.2005 as EXHIBIT F Colly.
19)
Further as agreed upon on
25.02.2005 my wife Mrs Rekha Chhugani paid bank draft of Rs. 32,86,100/- for
flat no. 501. Pinky Panorama. Attached is copy of draft Purchased from Bank of
Baroda dated 25.2.2005 No 089162 as EXHIBIT
G
20)
After receipt of the entire
amount for the said two flats, the keys and the physical possession of the said
two flats were handed over to me and my family on Sunday 27.02.2005 by Mr.
Mihir Datta (Accused No.10 ) who was an authorized Officer of the JAS Committee,
and he requested us to await for 2 weeks for completion of the necessary paper
work.
21)
I was put in possession of
Flats 501, 502, Pinky Panorama
Co-operative Housing Society Ltd., by
the Punjab National Bank and Bharat Overseas Bank, on Sunday the 27th
February 2005, I say the said facts are recorded in my letter dated 28th
February 2005 written to the Punjab National Bank. Also I and my wife informed
the fact of our taking possession of above said flats to the Secretary and
Chairman of the Pinky Panorama Co-operative Housing Society Ltd., vide letters
dated 28th February 2005. Attached are copies of letters dated
28.2.2005 as EXHIBIT H Colly.
22)
For almost 9 years, between
27.02.2005 and 06.12.2013 I and my family were in exclusive use, occupation and
possession of Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd.,
6th Road, Khar W. Attached
are copies as mentioned below of documents as EXHIBIT I Colly
a) Copies of Passports of Indur Chhugani and Rekha Chhugani renewed
on 07.07. 2013
b) Copies of Adhar Cards of
Indur K Chhugani and Rekha I Chhugani
c) Pinky Panorama Society receipts for payments made from Bank
Account of Mrs Rekha Chhugani (flats remained in name of Seema Investments).
d) Telephone Bills in name of Rekha Chhugani
23)
Accused No 12 Mr Manoj Shah
is Law Officer and Accused No 13 Mr. S Umapathi is Asst General Manager of
Indian Overseas Bank, which has taken over the Bharat Overseas Bank. These 2
Accused wrote to us abusive, threatening and defamatory letters, one in November
2010 and another on 07.04.2011, to our Address at Pinky Panorama CHS Ltd. In
these letters the Bank officers accused us on running a flesh trade, in a most
filthy language. These acts by the accused
are punishable under Sections 383,
384, 385, 386, 387, 500, 504, 506 and 509 of the IPC. Copies of the highly defamatory letter dated 07.04.2011 were also
distributed to residents of the neighbouring buildings. Attached are copies as
mentioned below of documents as EXHIBIT
J Colly.
a. Copy of letter dated nil received in 2010 from Manager (Law) of IOB Mr. Manoj Shah to
Indur Chhugani, threatening to evict us in one week. Khar Police registered a only
Non cognisable complaint.
c.
Copy of defamatory letter
dated 07.04.2011 by AGM of IOB Mr. S Umapthi
to Indur Chhugani / Rekha
Chhugani, accusing us of being pimp
and prostitute and running flesh trade. Khar
Police Station delined to register FIR.
d. Reply dated 18.12.2013 from Khar Police Station refusing to
register FIR against Asst General Manager of Indian Overseas Bank.
24)
Accused No 14 Mr Yogesh
Sadhwani, is a reporter of ‘Mumbai Mirror’ a leading newspaper in Mumbai. He
has deliberately conspired with Accused No 12 Mr Manoj Shah and Accused No 13
Mr S Umapathi to publish on 23.11.2013 as ‘paid news’ the contents of the defamatory
letter written by Accused No 13, to defame the complainants and consequently
defamed us further. Mr Yogesh Sadhwani has taken photograph of me and my wife
from my Facebook page without my consent and knowledge and misused the same, by
reproducing it in the paid news report, thereby committing an offence under
Section 66E of The Information Technology Act.
25)
After publication of this
defamatory article by Accused No 14 in ‘Mumbai Mirror’ the life of my wife and
my family has become miserable. Relatives and friends have been asking us and
from our relatives about this article, even friends staying as far as Hong Kong
or USA have read this article as the article remains on Internet edition
of ‘Mumbai Mirror’ even today.
This has caused and still causing mental torture, hardship, Annoyance and
inconvenience. Complainants are defamed and suffering a lot which cannot be
compensated in any terms. Attached herewith is a copy of the paid news
published in ‘Mumbai Mirror’ on 23.11.2013 as EXHIBIT J2.
26)
Two days after Publication
of the defamatory article on 23.11.2013 in ‘Mumbai Mirror’, on 25.11.2013 the
Court passed order to surrender Flats 501, 502, Pinky Panorama CHS by 5.12.2013
to the MPID Court or be evicted forcibly by 06.12.2013. Thus we were forcibly
evicted on 06.12.2013 and we suffered a wrongful loss of property sold to us by
the JAS Committee of Accused No 1 and Accused No 2, who inspite of having
received an Attachment order from the MPID Court on 12.02.2005 had suppressed
this fact.
27)
We were residing in flats
from 27.02.2005, on 20.03.2005, some Police Officer claiming to be from a court
had visited the Pinky Panorama building in connection with another flat 701
Pinky Panorama, he informed me, that these flats 501, 502 Pinky Panorama were
attached by a court on 19.01.2005 and Notices were served to Punjab National
Bank and Bharat Overseas Bank on 12.2.2005 to appear in court on 14.2.2005.
a) On 05.03.2013 I received under
the RTI Act, copies of this notice dated 12.2.2005 from Economic Offences wing
of Mumbai Police, accepted on 12.02.2005 by Accused No 1 Punjab National Bank
and Accused No 2 Bharat Overseas Bank,. Attached
are copies of Notice received by Banks on 12.2.2005 as EXHIBIT K Colly. Immediately on 06.03.2013 I consulted a legal
expert and I came to know, that I and my family have been cheated by the
Accused Banks.
28)
It is crystal clear that the
accused have entered into a criminal conspiracy and have forged and fabricated
documents and used such forged and fabricated documents as genuine, connected
with mortgage of Flats 501, 502, Pinky Panorama Co-operative Housing Society
Ltd., before different Courts and the Debt recovery Tribunal (DRT)
a) Before Recovery Officer at DRT 1, in Recovery Proceedings 7 of
2006 initiated by accused No 2 Bharat Overseas Bank against borrower.
b) Before Presiding Officer of DRT 1 in OA No 17 of 2005 filed by Accused
No 1 Punjab National Bank against borrower Shri Rajkumar Basantani.
29)
I had filed Application on
11.10.2010 with the Chairman of DRAT, who had called for explanation from the
Recovery Officer, in Recovery Proceedings 7 of 2006, who in turn stated that he
had no power to take action against the accused and states “The Applicant be directed to initiate action against Bank Officer
under Indian Penal Code before approptiate forum”. Final ruling from the
Chairman of DRAT is still awaited. Attached is copy of reply of Recovery
Officer to Chairman of DRAT dated 15.10.2010 as EXHIBIT L received by
complainant on 12.01.2011.
30)
From Copy of notice received by Accused No 1 Punjab
National Bank and Accused No 2 Bharat Overseas Bank, it is clear that on
12.02.2005, the said two Accused Banks, had received an attachment notice in
their offices, from the Special MPID Court for the aforesaid two flats wherein
they were directed to remain present before the said Special MPID Court on
14.02.2005 in order to give an explanation and raise objections if any, as to
why the said two flats should not be attached under Section 8 of the
Maharashtra Protection of Investors and Depositors Act 1999 ( MPID Act).
31)
From Roznama and other documents, I came to
know that on 14.02.2005 the said two
Accused Banks through their respective representatives Accused No 9 Mr R
Srinivasan and Accused No 10 Mr Mihir Datta appeared before the MPID Court and
sought time to file their reply/objection to the notice received by them on
12.02.2005 and it is pertinent to note that they with a fraudulent and
malicious intention did not disclose to the said MPID Court that they have
formed a JAS Committee as the two flats were conjoined into a single flat and
had a single entrance or about distribution of tender forms on 12.2.2005 and /
or calling quotations for the said flats on 15.2.2005, i.e. the very next day.
32)
It is evident that Accused
No 1 Punjab National Bank and Accused No 2 Bharat Overseas Bank, Accused No 9
Mr R Srinivasan and Accused No 10 Mr Mihir Datta conspired with each other to
defraud me as well as misguide the MPID Court. Therefore provision of Section
120B of the IPC is applicable.
33)
At the same time, the Accused persons
deliberately, mishievously and fraudulent intention suppressed this fact from
me and my family, for which I approach this Hon’ble court for redressal. I
further say that on 15.02.2005 the
quotations given by different buyers for the said two flats were accepted by
the said JAS Committee with the then approval of the Chairman and General
Manager of both the said Accused Banks.
34)
On 10.05.2010, I received certified
copies of Applications filed at MPID Court on 25.02.2005, by Accused No 1 Punjab
National Bank bearing M.A. No 116 of 2005 signed by Power of Attorney Accused
No 9 Mr R Srinivasan and Application filed by Accused No 2 Bharat Overseas Bank
bearing M.A. No 146 of 2005 signed by Power of Attorney Accused No 10 Mr Mihir
Datta. Significantly all the accused in both
Applications 116/2005 and 146/2005 had not informed the MPID Court about
formation of JAS Committee of the 2 banks in October 2004, or fact of having
sold to me and my family the composite flat 501, 502, Pinky Panorama CHS after
calling of Tenders on 15.2.2005 and collecting full payment of Rs 50,91,100/-
from me and my family. Attached are copies of M.A. 116 of 2005 of Punjab
National Bank and M.A. 146 of 2005 of Bharat Overseas Bank filed on 25.2.2005 as
EXHIBIT M Colly.
35)
In the present case, the Accused Nos 3 to 11
abused their position in 1998 as public servants had caused wrongful gain to
borrower and wrongful gain to themselves, which acts are punishable under the
Prevention of Corruption Act. The accused had entered into a criminal
conspiracy and have forged and fabricated documents and used them as genuine in
courts. Thereafter the Accused in order to save themselves from being
prosecuted sold the property to the complainants, same poperty whose documents
they had fabricated.
36)
The Accused Nos 3 to 11 inspite of having
already received Attachment Notice from the MPID Court on 12.2.2005, suppressed
this most important information. The
Accused were keen to close the case of Mortgage, which involved forged and
fabricated documents, by selling the property fast. This resulted in wrongful
loss to the complainants and wrongful gain to the accused of having escaped
prosecution.
Tulsi Ram
vs State Of U. P on 27 September, 1962 Equivalent citations: 1963 AIR 666, 1963
SCR Supl. (1) 382 : It is not necessary to
prove both wrongful gain and
wrongful loss. Wrongful gain and
wrongful loss were two facets of the definition of dishonesty and it is enough
to establish the existence of one of
them.
37)
From certified copies of applications received
on 10.05.2010 I was shocked to discover that the Punjab National Bank in M.A.
116 of 2005 has stated outstanding loan is Rs 7,30,71,948/- to Soundcraft
Industries Ltd., (Rupees Seven Crores Thirty Lakhs Seventy one
Thousand Nine hundred and Forty eight ) against mortgaged flat 502, Pinky
Panorama, which was only 398 Sq. ft. And Bharat Overseas Bank outstanding loan was
Rs 2,02,02,110/- ( Rupees Two Crores Two Lakhs Two Thousand One hundred and Ten
) against flat 501, Pinky Panorama, which was only 641 Sq. ft.
38)
These Accused have wilfully
and deliberately suppressed the true facts with a view to induce me to pay Rs
50,91,100/- and later through certified documents received in 2010 , I learnt the
main purpose for these Accused to sell the composite flats as fast as possible,
was to suppress their own misdeeds and actions of having fabricated and forged documents
way back in 1998 concerning mortgage of the same 2 flats. This makes it crystal
clear, that all the Accused have conspired with each other, fabricated and
forged documents and used such forged and fabricated documents as genuine, with
the intention to make wrongful gain and committed fraud and forgery. The accused
are guilty under Sections 201, 383, 384, 385, 386, 387, 406,
409, 418, 420, 421, 466, 467, 468, 471,
474, 500, 504, 506 and 509 r/w 34, 109, 120B of I.P.C. and Section 5(2) of the Prevention of
Corruption Act
39)
All the Accused Nos 1 to 13 have
caused a wrongful loss to me as I have lost the property to which I am legally
entitled. Me and my family were forcibly evicted from the flats on 06.12.2013,
on account of the Attachment order of the MPID Court passed on 19.1.2005 which
is still Applicable. I and my family are without a roof since we own no other
property and I aged 66 years, humbly approach this Hon’ble Court for speedy
redressal.
40)
From certified document
received on 10.5.2010 from MPID Court, it is found Accused officers of Bharat
Overseas Bank in 1998 had got false valuation reports from M/s Anmol Sekhri
& Associates for flat 501, Pinky Panorama, showing area of flat as 1700
sq.ft (actual carpet area is 641 sq.ft. ) false value of flat is shown as Rs
2.04 crores. Also the ‘No objection letter’ to create mortgage of the Pinky
Panorama Co-operative Housing Society Ltd., was forged and kept in Bank
records. Attached are copies of 2 fabricated Valuation reports by Anmol Sekhri
& Associates dated 18.3.1998 and
24.07.2002 and copy of forged NOC letter of Pinky Panorama Society dated nil as
EXHIBIT N Colly.
41)
From certified documents
received on 31.10.2014 from DRT, I discovered Accused officers of Punjab
National Bank in 1998 had also got false valuation report for flat 502, Pinky
Panorama, from Ms Anmol Sekhri & Associates showing area of flat as 1700
sq.ft (actual carpet area is 398 sqft) false value of flat shown is Rs 2.04
crores. Also the ‘No objection letter’ to create mortgage of the Pinky Panorama
Co-operative Housing Society Ltd., confirming area of Flat as 1700 sq.ft. was
forged. Attached is copy of sanction
letter date 02.09.98 , stating assessed value of flat 502 as Rs 2.04 crores, forged
letter of Pinky Panorama Society dated 9.9.1998 wrongfully confirming area of
flat as 1700 sq.ft. is attached as EXHIBIT O Colly .
42)
The Accused have forged and
fabricated documents, which are in the nature of a title deed and therefore aggravated
offence and thereby caused a wrongful loss to me and wrongful gain to them, as
I have lost the property to which I am legally entitled.
43)
Further I have discovered the
Accused Officers of Punjab National Bank on 31.1.2003 enhanced the sanctioned
loan to Soundcraft Industries Ltd., from Rs 3.5 Crores to Rs 10 Crores and took
the same Flat 502, Pinky Panorama (398 Sq.ft) as ‘Additional Security’ for the
additional Rs 6.5 crores sanctioned. This fraudulent enhancement to Rs 10
Crores was cleared by Accused No 3 Mr.
Surinder Singh Kohli and Accused No 4 Mr R I Sidhu. This Act is clearly
punishable under the Prevention of Corruption Act. Attached is copy of
‘Letter of Continuity’ on Rs 9.5 lakhs Stamp paper received from DRT Court received
on 31.10.2014 as EXHIBIT P.
44)
I have received letter/Certificte
on 22.3.2011 from Mr Amarlal Rohra, Secretary of Pinky Panorama co-operative
Housing Society Ltd., this letter states that no permission was ever given to
any Bank, to create a mortgage of the flats 501 and 502. Attached is copy of
the said letter dated 22.3.2011 EXHIBIT
Q. This mortgage of flat 501 and 502 is not even recorded in the records
of Pinky Panorama Co-operative Housing Society Ltd., as per procedure laid down
in the Maharashtra Co-operative Act.
45)
Also I received a letter written by Accused No
7 Mr Alok Kulshreshtha, to the Secretary, Pinky Panorama on 05.09.2004 desiring
a copy of map/plan of flat 501, 502 specifying the area of the flats. It is
clear that the Accused No 7 was aware, that in 1998 while taking the flats in
mortgage, all the Accused together had fabricated and forged Map/plan of Flats
501, 502, Pinky Panorama, showing each flat as 1700 Sq.ft. and now in 2004/2005
for selling the same flats wanted the correct plan from the Society. Attached
is copy of the said letter dated 05.09.2004 by Accused No 7 and correct copy of
floor Plan of the flats (received from Society), showing flat 501 is 641 sq.ft.
and flat 502 is 398 sq.ft as EXHIBIT R
Colly
46)
It is noteworthy, that while
the accused had obtained false valuation reports of flats 501 and 502, Pinky
Panorama at Rs 2.04 crores EACH, which means total of Rs 4.08 crores in 1998 for
these 2 Joint flats. These Accused after getting fresh valuation reports, had
fixed reserve price of the same 2 flats in 2005 at Rs 60 lakhs only. [refer
Terms and Conditions of Tender EXHIBIT B].
47)
The accused have used as
genuine these forged and fabricated documents in various courts and have misled
the different courts.
48)
The Accused were very keen
to bring the matter of mortgage and sale of these flats to a close as early as
possible, to save themselves from being exposed about the Criminal Acts
committed in 1998 while taking the same flats in mortgage, which has resulted
in a wrongful loss to me and my family as we have lost flats which we are
legally entitled to and for which flats, we have paid Rs 50,91,100/- in 2005.
49)
Because of the order of Attachment
passed on 19.1.2005 which is still effective, the M.P.I.D Court passed order on
25.11.2013 for our eviction from the
Composite flat, I , my wife Rekha and my son Sushil have been forcibly
dispossessed from the said Flat no. 501 and 502 Pinky Panorama CHS on 06.12.2013.
50)
The members of the aforesaid JAS Committee
willfully, knowingly and intentionally and with approval of the Chairman and
the General Manager of both the Banks have fraudulently, intentionally sold the
aforesaid two flats inspite of they being aware of the actual position about
attachment order dated 19.1.2005 of the MPID Court by which the flats had been
attached and have purposely caused wrongful loss as I have lost the property to
which I am legally entitled. I further
say that the said two flats were attached by the MPID Court on 19.1.2005 and till
date the said attachment continues.
51)
The Bank authorities have
also caused me harm by going one step further that is by producing a fabricated
and forged letter dated 25.02.2005 in the proceedings before the MPID Court.
52)
Further the letter dated,
25.02.2005 fabricated and forged by Accused No 9 Mr R Srinivasan, is allegedly
shown as posted to me at a wrong address on 3.3.2005 and the same letter was further
forged later by adding three lines in hand writing of Mr. R. Srinivasan (Accused
no 9 ) of Punjab National Bank. Added are words “P.S. C/C ZO/Mumbai (SAMD) :- It has been informed in the meeting in
the 18.2.2005 meeting to Mr. I K Chhugani that the amount quoted is not
acceptable as it is much below reserve price orally- Sd/-“.
Attached is
copy of forged letter dated 25.2.2005 as produced in courts by Accused No 1
Punjab National Bank and then the same letter forged further as received under
the RTI Act and confirmation under the RTI Act on 26.06.2010, that this hand
written note was added by Accused No 9 Mr R Shrinivasan as EXHIBIT S Colly.
53)
The Bank authorities have purposely played
with my feelings and have purposely hidden most important facts, Accused No 9
Mr R Srinivasan had forged the said letter dated 25.02.2005 and the said letter
is produced before the MPID Court and the Hon’ble High Court, only to mislead
the said Courts.
54)
Accused Nos 3 to 13 are
Government servants in view of the fact that Accused No 1 Punjab National Bank
and Accused No 2 Bharat Overseas Bank are Nationalised Banks and Government of
India undertakings, hence Prevention of Corruption Act applies.
55)
All the aforesaid Accused
persons have conspired together to cheat me and my family members, due to which
irreparable loss is caused to me both financially and mentally and my
reputation is irreparably tarnished. I
do charge them for offences Under Sections 201, 383, 384, 385,
386, 387, 406, 409, 418, 420, 421, 466,
467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B of I.P.C. and
Section 5(2) of the Prevention of Corruption Act and other relevant provisions
of law.
56)
The Accused have caused to me and my family
(my wife and son) to pay for flats which were attached by the MPID Court on
19.1.2005 and continue to be attached till today and thus committed breach of
trust and fraud. I further say that the
above offences are distinct offences committed by the accused persons
abovenamed in connection with Flat nos. 501 and 502 Pinky Panaroama, not only
this but they have also mislead the Courts.
57)
The abovesaid Accused Banks
and its Officers are having joint hand in this crime and they have committed
serious offences due to which I and my family are without a roof, they have
committed offences u/s Under Sections 201, 383, 384, 385,
386, 387, 406, 409, 418, 420, 421, 466,
467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B of I.P.C. and
Section 5(2) of the Prevention of Corruption Act and they are liable to be prosecuted and punished.
58)
Under the aforesaid circumstances I am filing
this complaint against the abovenamed accused Banks and its Officers because
they have committed serious offences as stated above and are punishable under
the above said sections of the IPC and Prevention of Corruption Act.
59)
From Facts detailed above, it is very clear
that Mrs Seema Basantani the Managing Director of M/s Seema Investments Pvt
Ltd., who as Guarantor, mortgaged the 2 flats, borrower Mr Rajkumar Basantani
of Soundcraft Industries Ltd., who was the beneficiery of huge loans and the valuer
Mr Anmol Sekhri who provided fabricated valuation reports of the 2 flats owned
by M/s Seema Investments P Ltd., to Accused No 1 Punjab National Bank and
Accused No 2 Bharat Overseas Bank, were
also involved in the conspiracy of creating forged and fabricated documents.
60)
The complainant has filed
separate list of document and list of witnesses, on which reliance will be
placed. And crave
leave to call other witnesses and produce further documents if required, with
the leave of the Court.
61)
Compensation
of Rs 100 Crores, in view of wrongful loss suffered by complainants on
account fabrication of documents and forgery committed by accused and writing
defamatory latter and thereafter getting defamatory paid news published in
‘Mumbai Mirror’ on 23.11.2013.
a.
Hon’ble High Court (DB)
in First Appeal (civil) No 1811 of 2011 in the case of defamation of former
Judge Shri P. Sawant upheld the order granting compensation of Rs 100 crores.
Therefore in view of the above said ratio and in view of provisions of Artcle
14 of the constitution of India, the complainants are entitled to at least Rs
100 crores U/s 357(3) of Criminal procedure code. Attached herewith is order of
the Bombay High Court dated 16.1.2012 allowing Bennet Coleman and Company
(owners of Mumbai Mirror) to deposit security of Rs 100 crores as EXHIBIT T.
62)
Complainant will rely upon
various Judgements, including the following of the Supreme Court,
(A) CRIMINAL APPEAL NO.1580 OF 2013 C.B.I vs
Jagjit Singh on 1 October, 2013 –
(B) CRIMINAL APPEAL Nos.1080-1085 OF 2009
C.B.I vs A. Ravishankar Prasad & Ors on 15 May, 2009
(C) Order passed by Civil Court, Pune
granting compensation of Rs 100 crores for defamation to former Judge Shri P
Sawant.
63)
As the cause of action is
within Khar Police Station, which is in the Jurisdiction of this court, this
Hon’ble Court has the jurisdiction to entertain the present complaint This
Hon’ble court is empowered to take cognisance of the offence committed by the
Accused.
64)
THE COMPLAINANTS THEREFORE
PRAY THAT:
a)
The Accused may kindly
be dealt with in Accordance with law for having committed offence under
Sections 201, 383, 384, 385, 386, 387, 406, 409, 418, 420,
421, 466, 467, 468, 471, 474, 500, 504,
506 and 509 r/w 34, 109, 120B of I.P.C. and Section 5(2) of the Prevention of
Corruption Act.
b)
That all the accused be charged of having committed offence
punishable under sections 201, 383, 384, 385, 386, 387, 406,
409, 418, 420, 421, 466, 467, 468, 471,
474, 500, 504, 506 and 509 r/w 34, 109, 120B of I.P.C. and Section 5(2) of the Prevention of
Corruption Act and punished accordingly and made to suffer maximum punishment.
c) That accused No 14, Mr Yogesh Sadhwani in addition to the above
sections, be punished under Section 66E of the Information Technology Act.
d) To grant compensation of Rs. 100 Crores to the Complainants as per
the provision of section 357(3) of Cr. P.C by ordering such amount to be paid
by the accused, for having caused wrongful loss, making such false, baseless, wild
and defamatory allegations against the complainants which has defamed the
family’s image in the society and in general public.
e) For other and further orders as this Hon’ble court may deem fit
and proper.
AND FOR THIS ACT OF KINDNESS THE COMPLAINANTS ABOVENAMED SHALL
EVER PRAY AS DUTY BOUND.
MUMBAI. Indur K
Chhugani
DATED : 03.11.2014.
Complainant No 1.
Rekha I
Chhugani
Complainant
No 2.
Sushil I
Chhugani
Complainant
No 3.
VERIFICATION
I, MR. INDUR KARTAR CHHUGANI, aged 66 years, Indian Inhabitant,
Occ : Retired, residing at C/o Shri. V.S. Pathare, C 805, Sushila Baug, S.V.
Road, Santacruz (W), Mumbai – 400 054, the Complainant herein above, do hereby
state on solemn affirmation that whatever is stated in the foregoing paragraphs
of the Complaint is true and correct to the best of my knowledge and the
statements made therein are based on the documents and I believe the same are
true and correct.
Solemnly affirmed at Mumbai.
Dated this 3rd day
of November 2014. Complainant No 1.
Before
me.
IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, 9TH
COURT,
BANDRA, MUMBAI.
Criminal Complaint Case No. 265/SW/ 2014
Indur Kartar Chhugani. …. Complainant No 1
V/s
Punjab National Bank &
Othrs …. Accused
List of My Witnesses :
1) Mr
Sushil Chhugani
2) Mrs
Rekha Chhugani
3) Mr
Amar Rohira, Secretary of Pinky Panorama Co-operative Housing Society Ltd, 6th
Road, Khar.
4) Mr R
Srinivasan – Accused no 9.
5) Mr
Kishore Vidhani
List of Documents to be relied upon :
1) Tender/terms
document, Offer to Banks, Receipts for drafts, letters to Bank, Letters to
Pinky Panorama CHS.
2) Copy
of M.A. No 116 of 2005 by Respondent no 1.
3) Copy
of M.A. no 146 of 2005 by Respondent No 2.
4) Copy
of forged and fabricated documents submitted by Accused in various courts.
5) Letter
of Continuity dated 1.2.2003 for enhancement of loan from Rs 3.5 crores to 10
crores by PNB.
6) Letter
by Respondent No 7 to Respondent No 4,
7) Letter
by Respondent no 10 to head office at Chennai.
8) Letter
sent to Punjab National Bank on 28.2.2005.
9) Letter
sent to Secretary, Pinky Panorama Cooperative Housing Society on 298.2.2005
10) Forged
letter dated 25.2.2005 and further forged same letter dated 25.2.2005 by
Respondent No 9
11) Affidavit
dated 25.4.2005 by Respondent No 10.
12) Affidavit
copy by Shri Bhagat Kolee.
13) Replies
under RTI received from various authorities.
14) All
documents shown as EXHIBITS.
Any other, witness/witnesses and/or
documents to be relied upon and produce with the permission of this Hon’ble
Court.
IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, 9TH
COURT,
BANDRA, MUMBAI.
Criminal Complaint Case No. 265/SW/ 2014
Indur Kartar Chhugani
& Othrs …Complainants
V/S
Punjab
National Bank & Othrs …
Accused
INDEX
Sr. No.
|
Particulars
|
Pages
|
1.
|
Complaint
List of
Witnesses and Documents
|
1-32
33-34
|
EXH A
|
Order Of Magistrate dt 30.08.2014
|
35-36
|
EXH B
Colly
|
Extract of Society’s Visitors Register
Terms and conditions of Tender
|
37-40
42-42
|
EXH C Colly
|
Our Bid dated 15.2.2005 plus copy of Rs 5 lac Bank draft from
Bank Of Baroda payable to PNB
|
43-44
|
EXH D
|
Letter dated 23.2.2005 by accused No 10 to his Bank Head Office
– seeking permission to sell flat 501 without any delay.
|
45
|
EXH E
|
RTI reply dt 30.6.2010 from Accused No 1, indicating destroying
of documents about JAS Committee of 2 Banks
|
46
|
EXH F colly
|
Copies of 3 Bank drafts total Rs 13.05 lacs for flat 502, paid
on 24.2.2005
|
47-49
|
EXH G Colly
|
Copy of one draft total
Rs 32,86,100/- for flat 501, paid on 25.2.2005
|
50
|
EXH H
Colly
|
Letters dated 28.2.2005, to Punjab National Bank and Secretary
of Pinky Panorama Society
|
51-53
|
EXH I
Colly
|
Numerous Documents proving complainant was residing in Flats
501- 502 from 2005 to 2013
Passports renewed on .07.07.2013
Copies Of Adhar Cards
Pinky Panorama CHS receipts for payments made
Telephone bills in name of Rekha Chhugani
|
54-63
|
EXH J
Colly
J-2
|
Threatening letter from Law Officer of IOB
Copy of defamatory letter received on 07.04.2011 from IOB Asst
General Manager.
Refusal of Khar Police to Register FIR.
Copy of article published in ‘Mumbai Mirror’
|
64
65-66
67
68-70
|
EXH K Colly
|
Notices received by the 2 Banks on 12.2.2005 about Attachment
order of MPID Court
|
71-74
|
EXH L
|
Reply by Recovery Officer to Chairman of DRT dated 15.10.2010 –
Applicant directed to take action under IPC at appropriate forum.
|
75
|
EXH M Colly
|
Applications M.A. 116/2005 and M.A. 146/2005 filed by Banks at
MPID Court on 25.2.2005
|
76-85
|
EXH N
Colly
|
Bharat Overseas Bank - Fabricated 2 Valuation reports by Anmol
Sekhri Associates in 1998 and 2002 – Showing
areas as 1700 sq.ft of flat plus
forged NOC of Pinky Panorama CHS.
|
86-90
|
EXH O
Colly
|
PNB santion letter showing flat 502 as valued at
Rs 2.04 crore (received from DRT on 31.10.2014)
Forged and Fabricated NOC letter of Pinky Panorama CHS for Flat
502 confirming area as 1700 sq.ft. – Fabricated by PNB.
|
91-94
95
|
EXH P
|
Continuity letter - PNB enhanced loan from Rs 3.5 Crores to Rs
10 Crores against same flat 502 as Addl Security. Actual area of flat is only
398 sq.ft.
|
96
|
EXH Q
|
Certificate from Secretary Pinky Panorama CHS regarding NOT ever
allowing any Bank to accept mortgage of Flat 501, 502.
|
97
|
EXH R
Colly
|
Letter by Accused No 10 to Secretary Pinky Panorama CHS, for
Plan of flat 501, 502 and Plan copy - proving area is 641 and 398 sq.ft.
|
98-99
|
EXH S
Colly
|
Forged and Fabricated letter dated 25.2.2005 by Accused No 9 and
same letter forged further again and RTI reply dated 26.06.2006 confirming forgery done
again by Accused No 9
|
100-102
|
EXH T
|
Bombay High Court order of Rs 100 Crores security by Bennet
Coleman and Company.
|
103-114
|
|
Last Page
|
114
|
Complainant
IN
THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
9TH
COURT,
BANDRA, MUMBAI.
C.C. NO. 265/SW/ 2014
Indur Kartar Chhugani
& othrs ….
Complainants
V/s
Punjab National Bank
& Othrs …. Respondents
Dated 03.11.2014
Complainant:
INDUR KARTAR CHHUGANI residing at
C/o Shri. V.S. Pathare,
C 805, Sushila Baug, S.V. Road, Santacruz (W),
Mumbai – 400 054.
Mobile : 98201 71571