Fraud case

Rahul (Querist) 24 May 2018 This query is : Resolved
A boy, 27 years of age who lost his father at the age of 17. His name is Rahul ,running a business,he needed some money to invest ,so he decided to take loan against property, for the same he went to Punjab National bank branch located near his office with some documents.As he entered the bank he saw his uncle whose name is mr. Mangla (plaintiff)(rare family friend)mr mangla invited Rahul �for a cup of tea in the evening with photocopy documents to discuss the loan procedure. On the same evening Rahul went to mr Mangla home with documents. As they both started talking mr. Mangla took his Papers and assured Rahul that he will help him in getting a quick loan.After 2 days Mr. Mangla said �I tried my level best but it will take atleast 45 days to sanction loan that too not guaranteed.but you are like my son I will help you out on this and I will give you loan of rs ‪1000000‬(ten lakh) at bank rate of interest. Without any delay. Mr mangla said Beta I am doing this because last night your father came in my dream and request me to help you�. In next 2 minutes mr. Mangla bring some blank papers and told rahul to sign that papers just for formality. And he puts bag of rs ten lac on the same moment in front of rahul As Rahul was in desperation of money he couldn�t doubt mr Mangla intention so rahul signed the papers,Mr mangla obtain passport size photo of Rahul. after 3-4 months rahul received a notice from the court � Which stated that rahul sold �his property to mr. Mangla and to Mangla�s wife at rs 50,00,000(fifty lac) and now Rahul is not going to court to transfer or to register the property.
Rahul tried to contact mr. Mangla several time. But mr. Mangla avoid talking to him. Then Rahul went police station for that and asked them to help him but police officers said that this is now the matter of court so they can not help rahul out on this. Police gave Rahul confidence to fight this case with truth and loyalty. Then Rahul hires a lawyer for the case..
Rahul�s lawyer demands the agreement copy from mr Mangla lawyer on the behalf of which mr. Mangla filed the case.�
The agreement is typed on only 20rs stamp paper which was signed blanked by Rahul. TWENTY RUPEES PAPER. WHICH WAS NOT EVEN A REGISTERED AGREEMENT. And second paper which was signed blanked by Rahul now transformed into the receipt of cash.
PLAINTIFF STATEMENT IS.-
i purchased rahul's shop on joint name of my and my wife . Rahul himself made this agreement from court. As the agreement completely typed Rahul called me that sir agreement is in my hand now come and give me money. Then I with my wife my real brother and my colleague went to court and gave rs 50 lac in cash. Whose witness is my brother and my colleague.
Facts of AGREEMENT
a) � The agreement typed on 20 rs stamp paper
�b) There is very blank space left in the agreement.�
C) agreement is not registered
Question raised on agreement
A)Why a human buy 20 rs stamp paper to buy a property.
B)Why anyone will leave any space in agreement�
C) why he doesn�t go for a registered agreement instead of an unregistered agreement????
Logical answers-
Ans A) IF THE STAMP PAPER� WILL BE OF MORE AMOUNT STAMP PAPER,THERE WOULD BE SOME POSSIBILITY THAT RAHUL COULD DENIED SIGNING THAT PAPER....
And B) THE WHOLE AGREEMENT IS FORGED, THEY LEFT THIS SPACE IF TO MAKE ANY KIND OF SUGGESTIBLE CHANGES BY LAWYER BEFORE FILING THE CASE......
Ans c) TO MAKE A REGISTER AGREEMENT THE BOTH PURCHASER AND SELLER NEEDS TO BE PRESENTED IN FRONT OF REGISTRAR AND BOTH HAVE TO FOLLOW THE PROCEDURE FOR THE SAME. BUT THAT IS NOT POSSIBLE IN FRAUD CASE......
FACT OF Receipt -
First of all let me give you a shock....
mr mangla said he made full and final payment IN ONE SHOT by CASH....

A) DATE OF RECEIPT and date of agreement is not same. But plaintiff said he gave rahul full payment on the same day when agreement is signed.
B) why there is a single receipt of such a huge amount of rs fifty lac....
C)WHY A MAN WHO IS WORKING IN BANK DOESNT MAKE EVEN A SINGLE RUPEE PAYMENT THROUGH BANK....

LOGICAL ANSWERS OF RECEIPT
A)THIS IS WHAT HAPPENED HERE. HERE MR. MANGLA GOT CONFUSED IN DATE THE AGREEMENT DATE AND DATE OF RECEIPT ARE DIFFERENT FROM EACH OTHER. MAY BE SOME CHANGE OF PLAN AT THE END TIME�....
B) ITS JUST BECAUSE ITS NOT POSSIBLE TO TAKE SIGNATURE OF RAHUL ON BLANK PAPER AGAIN AND AGAIN....
C) AS MR.MANGLA SIGNED BLANK PAPERS FROM RAHUL, THIS IS THE ONLY MODE OF PAYMENT WHICH CAN'T� BE
JUSTIFY.. MR.MANGLA SAID THAT HE GAVE CASH PAYMENT OF FIFTY LAC IN CASH. THATS IT.....
according to mr. mangle he got two eye witness of the deal...mr MANGLA FIRST WITNESS NAME IS PRAMOD KUMAR,�
PRAMOD KUMAR IS REAL BROTHER OF MR. MANGLA....MR.MANGLA WITNESS NO2-IS JAGDISH BHADANA�
MR.BHADANA IS� COLLEAGUE OF MR.MANGLA....
In a case of R.V.E VENKATACHALAM VS B.A DEVANESON. On 27-January 2015. The judge of the case clearly said
WHEN THE DEFENDANT SPECIFICALLY DENIES THE EXECUTION OF SALE AGREEMENT THEN IT IS THE BURDEN OF PLAINTIFF TO PROVE THE SALE AGREEMENT IS GENUINE ONE BY EXAMINE THE WITNESS SIGNED IN THE SALE AGREEMENT.

Cross examination of plaintiff
LOOPHOLE ANSWERS OF MR. MANGLA

Rahul lawyer- did you gave money to Rahul on interest?
Mr. mangla - no

lawyer- for what purpose you gave money to my client Rahul�
Mr. mangla - I purchased his shop

lawyer - for how much
Mr. mangla. � �- �rs fifty lac
lawyer- rs fifty lac.�
Mr. mangla. � - �yes

lawyer- what business you do
Mr. mangla. � � �I am an employee in pnb bank.�

lawyers - employee of pnb bank and you purchased property of 50 lac.�
Mr. mangla. � � �- �yes

lawyer- is your children�s married
Mr. mangla. � �- no. My only one daughter is married
I have one more daughter and a son. Need to be married�

lawyer- you need to marry your daughter and son and you work in an government bank still you managed to buy the property
Mr mangla- �yes

Rahul lawyer- can you show this court your bank statement of the same transaction as a proof
Mr. mangla. - �NO

lawyer- why
Mr mangla- because I paid cash

lawyer- shocked. 50 lac rs in cash.�
Mr mangla. � �- yes.�

lawyer- �with whom you collected 50 lac cash
Mr. mangla- money was�lying at my home

lawyer- in how many installment you gave fifty lac rupees cash to rahul
Mr. mangla- that�s a one time payment.�

one time because you can not get blanked paper signed again and again)�

lawyer- where yo paid 50 lac rs cash
Mr. mangla - court

lawyer- so according to you. You took bag of fifty lac rs,you reached court, which is heavily crowded place and you handed over to rahul????
Mr. mangla - EXACTLY�

lawyer- how many balance payment you
Need to give mr Rahul for the property�
Mr. mangla- not a single rs more.�

lawyer- you paid whole amount in one short?
Mr mangla. � - yes

lawyer- if you paid whole amount then why you go for an unregistered agreement to sale instead of doing final registration.�
Mr. mangla - because Rahul told me that registers of the area is closed by the government as it will get open I will do the registery.�

lawyer- but registery is never closed by government of the area
Mr. mangla- �I don�t know

lawyer- mr. mangla how you don�t know your work place and Rahul shop are in same area

Mr. mangla - �I don�t know

lawyer- when Rahul said that registery is closed of the area you must asked some people�s to cross check Rahul. Can you tell some of the names so I can cross them????
Mr. mangla- no, I didn�t asked anybody�

lawyer- as you are a middle class service man, u must be very specific with the deal so with how many property dealers �you �consulted with ? Can they come for cross?
Mr. mangla - no I didn�t consulted with any one.�

lawyer- what was the collector rate of the land at the time you purchased.�
Mr. mangla - �I don�t know rate

lawyer- what is the size of the shop you purchased?
Mr. mangla - I don�t know the size.�

CROSS EXAMINATION OF MR. MANGLA WITNESS NO-1

Rahul lawyer- your name

Witness- Pramod kumar

Rahul lawyer- how you know mr. mangla

Witness- He is my real brother

Rahul lawyer - did you signed agreement as a witness?

Witness- yes

Rahul lawyer- can you brief me

Witness- yes, I along with mr. mangla his wife and mr Jagdish bhadana went to the court.

Rahul was already there. And we went to the typist and typed whole agreement. And after signing the agreement Then my brother gave rs to Rahul.

Rahul lawyer- are you sure this agreement is typed in front of you. Think. Take your time.

Witness- I am very much sure Whole agreement typed in front of me.

Rahul lawyer- how come your brother got so much rs to purchase land

Witness- I have no idea about that.

Here witness saying that whole agreement was prepared by mr Mangla in front of his eyes. But plaintiff statement was � he was not present at the time of making the agreement. its Rahul who typed the whole agreement �
One more important point is if Rahul intention was not right then he could easily ask any of his friend to make a duplicate sign. So he can easily straight forward deny the signature.

Cross examination of witness no 2.

lawyer- do you signed the agreement

Mr. bhadana- yes
lawyer- did you signed the agreement in front of Rahul
Mr. bhadana- no.

lawyer- so why you signed as a witness on the agreement?

Mr. bhadana- because mr. mangla told me that he gave some money to Rahul on interest so just for the formality he wants my signature. As he was my senior and my friend that why I signed the agreement.

lawyer- then why you didn�t appear in court

Mr. bhadana- because first of all now he is not my superior as I took retirement from bank and secondly I can�t lie by taking swear of god. And defendant is younger than my son. I have to face god one day.

Rahul called a valuer

Mr. Rakesh Bhatia. - he is government approved valuer. Who investigate the property and give the value of property according to collectors rate and gave property price in written.

According to mr. Bhatia. The said property is in the name of Rahul. He got the possession and the value of property at the time of said agreement is worth of 2,15,00,000( TOW CRORE FIFTEEN LAC) RUPEES.

It�s like you purchased a mobile phone from the mobile store worth rs 50,000.

And you pay 50,000rs on the spot and

After receiving the full amount then mobile

Store owner says that� I have mobile with me and even you paid me full amount of mobile but I can�t give you two things right now. And that two things are neither I will give you bill and most importantly I will not give you mobile phone as well. First I will use this mobile for 3-4 months then I will give you.�

IS IT POSSIBLE?????????

Follow Query

Report Abuse

Sudhir Kumar, Advocate (Expert) 24 May 2018
Some facts you did not mention in earlier thread and intoduced now :-

1. You approahced PNB for loan (which prima-facie indicate that you were credit worthy and you also felt your project is legal and worth loan so approached govt bank).

2. Mr Mangla was also ready known to you.

3. He met you at the bank as employee.

4. He took advantage of being bank employee and known to you and diverted bank's forthcoming business to his personal interest.

5. He and other person tarnished the bank's image in your eyes and prevailed upon you to walk into the trap.

6. He opted to earn the same rate of interest which bank would have earned.

7. On leaning the fraud you wen to the police and they avoided their duty.

Do not you think that all these grounds are sufficient for PNB to throw him out of service. Given fact do not indicate if you reported the matter to PNB. Very few person will agree that the matter is withing the jurisdiction of PNB to take disciplinary action as the conduct of their employee is involved particularly when the matter relates to his integrity which he is expected to maintain at all times (even beyond working hours) whereas he started cheating at the cost of emplyer's business and reputation which sitting on duty.

You must give complaint to Chief Vigilance officer of PNB.

Sudhir Kumar, Advocate (Expert) 24 May 2018
It has already been analysed on your earlier thread that as fact as authenticity of the document is concerned, he is not able to prove the same as testating witnesses have denied having seen you signing the deed as written on the papers. Other experts who could find time to read the cross-examination (as written by you) have already expressed satisfaction.

Ms.Usha Kapoor (Expert) 24 May 2018
Agree with Sudhir Kumar.

P. Venu (Expert) 24 May 2018
The tone and tenor of the posting suggests the query is not a real time issue, may be a moot court problem.

Rahul (Querist) 24 May 2018
I made a joke out of my case may be Sudhir Ji,Dhingra Ji and everybody likes it.
A son went to his old father
Son- � dad I made your dream came true�
Father- what dream....
Son - you always want to live in a big home. I purchased a big home....
Father- I am really happy, I knew that one day you will buy a big home. Son tell me how big it is...
Son- silent...
Father- I think you are over joyed. Drink
A glass of water....
Son- ok dad....
As he drink a glass of water....
Father- now son tell me. How big it is??
Son - silent....
Father- are you sick???
Son - no dad....
Father- then tell me how big it is....
Son- silent....
Father- are you mad I am asking you the size of property you purchased why are you silent (angry)...
Son- dad I don�t know the size of property I purchased....
Father- who buy property like this?
Son- dad �I� ...
Father- you idiot. Let me calculate by myself, how much amount you paid????
Son- fifty lac rupees....
Father- what is the per square ft rate of the property, so I will devide that with fifty lac. This is the simple thing even you can do it easily. Hence you have no brain I will do it. What�s the per sq feet rate???
Son - silent...
Father- son I think you didn�t heard me. Tell me the per sq feet rate of property you purchased.....
Son- dad I heard you clearly on first time. But...............
Father- but what you idiot ( angry)....
Son- I don�t know the per sq ft rate....
Father- I think you are making fool out
Of me....
Son- no dad....
Father- then take me to the property dealer. I will ask by myself....
Son- dad no property dealer is involved...
Father- you should ashamed of yourself that I am an old man and you are playing a prank on me....
Son- no dad,it�s true...
Father- ok as you are dumb but still you are my son so I will give you one more chance. Show me the sale deed.....

Son showed him agreement to sell paper. ..

Father- what is this? I asked you to show me proper sale deed. And you showing me 20 rs stamp paper agreement.....
Son- this is all I have...
Father- I can�t see the registrar signature anywhere in the agreement.....
Son - because this is an unregistered agreement to sell....
Father- please hand over me my blood pressure medicine....
Son - sure. ...
After 5 min ...
Father- I and your mom is getting ready take us to the property we will worship there. ....
Son- dad that�s also not possible ...
Father- why???
Son- because I don�t have the possession...

ITS BEEN THREE MONTHS BUT STILL
THE OLD MAN IS IN COMA.

Rahul (Querist) 24 May 2018
There are some judgements in which honourable judges give decisions in the favour of defendants because of non bank transaction of single rupee from bank of complainant.

Rahul (Querist) 24 May 2018
I want to ask one question
FIRST IMPRESSION IS THE LAST IMPRESSION.. did first impression affects the honourable judges??

Kumar Doab (Expert) 24 May 2018
You have been advised in detail in both threads...
Now you or your lawyer need to convince the court.
Isn't IT!

Ms.Usha Kapoor (Expert) 25 May 2018
I agree with Sudhir Kuumar.

Guest (Expert) 25 May 2018
If the first impression can be the last impression for the judges, they need not take 10 or 20 years to decide a case. If you are talking about some real case, you could better have got the hint from the trend of trial proceedings of the case.

Rahul (Querist) 25 May 2018
DID LOWER COURT REALLY SERVE
JUSTICE

No question on capability of our honourable judges. But did lower court really examine the fact of complainant?
Or it�s just a game of big lawyers?

In Faridabad the terror of private financier is on the move, and their targets are inexperienced youth of Faridabad. By lending quick loan at high rate of interest. And For security purpose they take 2/3 blank signed cheque and signed blank papers.
Once they suck whole blood of youngster by taking interest more than the triple of principal amount then they use blank cheques and blank signed papers as their weapons and file case in the court.

More than 90% of these financiers are unregistered. It�s illegal to give money on interest without registration of the finance company
So they take a shield of FRIENDLY LOAN
As there case ground.
There is no limit on the amount of so called friendly loan. And no questions asked by court to the complainant to describe this friendly loan. It�s like-
A gives 1 lac rupee to B as a friendly loan W gives 5 lac rupees to X as friendly loan
Y give 10 lac rupees to Z as friendly loan
Etc etc etc etc etcetc etc as friendly loan.

Many victims paid more than 15 lac rupees as interest but the principal amount of 2 lac remain outstanding and it goes on and on
The day financier saw nothing is left in the debtor, but to make sure that

ONCE A DEBTOR ALWAYS A DEBTOR

Financier distribute blank cheques to their friends and the cheque amount calculation done on the bases of debtor family. How much a debtor family can pay.

If a youngster belongs to a good family then they will fill 4-5 lac rs in each cheque
And the ground of each case will be FRIENDLY LOAN.

EMAGINE THE MENTAL LEVEL OF THE YOUNGSTER WHO IS SUFFERING FROM THIS TORTURE.
THIS IS THE STAGE WHERE MOST OF THE YOUNGSTER LOOSE THERE CONFIDENCE, THEIR INNOCENCE, THEIR SELF RESPECT AND MOST IMPORTANTLY THEIR CONTROL POWER OVER THE DRUGS AND WINE.

It's like a thief who entered a house. Stole a blank sign cheque. Some times a single missing cheque is hard to notice. Fill the cheque according to his need and present in the bank. If it gets bounce or even stop payment return, then he will file a court case and come in front of you with his group of 6/7 guys in court.
And you could not do a damn thing but to face the trial as a accused
No wonder his chance of winning the case is much more than an accused

If court get strict on his level and examine the facts of the complainant can bring a big revolution on positive note.

Everybody knows the income tax is a right of government. Anybody who doesn't pay income tax despite earning a good income known as a thief. And it's court who gives the punishment to income tax thief.

The biggest concern is when a complainant files a case against anyone of 5,6,7,8,9,10 and more lac of rupees, the court somewhere gives favour to the complainant.
Which prove to be a disaster for the defendant.
At one side court punish the people who don't pay the income tax
On another side, the court gives back up to the individual who claims lacs of rupees given as FRIENDLY LOAN but never filed INCOME TAX RETURN.
Still, if the court gives the benefit of the doubt then at least court should look forward to it that mode of payment should be from a bank, not cash.

Complainant stands tall in the courtroom. Admit not filing income tax return and made cash dealing of lacs and lacs of rupees in front of an honourable judge but it doesn't matter to court at all.

At the time of dealing if a person doesn't use his bank for the transaction then why he demands money through cheque...

For who don't know about the friendly loan. The friendly loan is just an oral agreement. Nothing on written so no possibility of signing that.

Why our court is standing with unregistered financiers? Just because they say it a friendly loan. And court believes the ghost of financiers or court is in favour of work overload.
If court order that people's claiming above two lac Rs but not filing the ITR return, cases will not be entertain. Then more than 80% of cases will perish from court.
Not only that there would be a rapid increase in the income tax revenue, it will close the window of fraud cases more than up to 65%, people will register their company properly. The sense of responsibility will develop in the brain of financiers.

Five out of ten youngsters of Faridabad are getting influenced by the unregistered financier's rapid growth (involving some guys related with Congress) and youngsters are following them and choosing unregistered finance line as their profession... Which means one more group into unsocial work, one more group of income tax thief, one more group of exploitation and importantly one more group to file cases in the court.

Rahul (Querist) 26 May 2018
What point session court judges see to accept or deny the appeal in a property case

Ms.Usha Kapoor (Expert) 21 June 2018
I agree with Sudhir Kumar.

Ms.Usha Kapoor (Expert) 07 July 2018
I agree withh Sudhir Kumar

Fraud case

Similar Resolved Queries :

Download LCI APP

Our Network Sites