As per case facts, a FIR was registered by the CBI following a complaint from a Bank Branch Manager, alleging that the petitioners, through their company's directors, secured credit facilities ...
CRR-1938-2026 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
268
CRR-1938-2026 (O&M)
Date of decision: 17.09.2026
M/s Sarvodaya Highways Ltd. and others ...Petitioners
Versus
Central Bureau of Investigation ...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Sunil Chadha, Senior Advocate with
Mr. Akshay Chadha, Advocate
for the petitioners.
M. Gagandeep S. Wasu, Advocate
for the respondent-CBI.
MANISHA BATRA, J. (Oral)
1. The present revision petition has been filed by the petitioners
assailing the order dated 20.07.2026, passed by the Court of learned Special
Judge, CBI, Haryana at Panchkula, whereby the application filed
by the petitioners seeking their discharge in case bearing FIR
No. RC.BD1/2015/E/0002 dated 03.02.2015, registered at Police Station
BS&FC, New Delhi, under Section 120-B read with Sections 420, 467, 468
and 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention
of Corruption Act, 1988 (for short ‘PC Act’), has been dismissed and
charges have been framed against them. A prayer for stay of further
proceedings before the learned trial Court during the pendency of the present
petition has also been made.
CRR-1938-2026 (O&M) -2-
2. Brief facts of the case relevant for the purpose of disposal of
this petition are that the aforementioned FIR was registered by the CBI,
BS&FC, New Delhi on 03.02.2015 on the basis of a complaint submitted by
Girdhari Lal Sehra, Branch Manager, State Bank of Bikaner and Jaipur,
Sector-11, Panchkula. As per the prosecution case, M/s Sarvodaya
Highways Ltd. (for short ‘Company’), through its Directors, namely
Gurinder Kumar Garg, Aruna Garg, Aashutosh Garg and Aayush Garg
(petitioners herein), approached the Bank for sanction and release of credit
facilities. It was alleged that the accused persons submitted ten fake work
orders valuing about Rs.348.24 crores and, on the basis thereof, a cash credit
limit of Rs.20 crores and a bank guarantee limit of Rs.5 crores were
sanctioned in December, 2011. It is further the prosecution case that the
accused Directors submitted false/fabricated stock statements and receivable
statements and thereafter submitted fabricated contract letters/work orders
purportedly issued by associate firms/companies and other companies. It is
alleged that lien in favour of the Bank was not actually marked in the
revenue record in respect of the collateral securities but fake/forged revenue
records showing such lien were submitted to the Bank.
3. As per the further allegations, Nishan Lal, the then Branch
Manager of the Bank, was responsible for ensuring the end use of the Bank
funds and for verification of stocks at the sites but dishonestly failed to
perform the duties entrusted to him and permitted withdrawal of the limits
without verification. During investigation, it was revealed that the
petitioner/accused Company had initially obtained a cash credit limit of
Rs.20 crores and a bank guarantee limit of Rs.5 crores. Subsequently, the
cash credit limit was enhanced to Rs.50 crores and the bank guarantee limit
CRR-1938-2026 (O&M) -3-
to Rs.5 crores. After completion of the investigation, the final report/charge-
sheet was filed by the CBI on 30.11.2016 against the Company through its
Directors Gurinder Kumar Garg, Aruna Garg, Aashutosh Garg and Aayush
Garg and also against Nishan Lal, the then Branch Manager, for commission
of offences punishable under Sections 120-B read with Sections 420, 467,
468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of the
Prevention of Corruption Act, 1988 and substantive offences thereof.
4. As further discernible from the record, on 26.10.2017, the
petitioners filed an application seeking their discharge. During the pendency
of the proceedings, the Company entered into a One Time Settlement with
the Bank. As per the petitioners, under the settlement, the Company paid
Rs.46,68,98,000/- against the amount disbursed, and the Bank confirmed the
settlement to the CBI on 27.05.2022. During the pendency of the discharge
proceedings, the petitioners approached this Court by filing a petition
bearing number CRM-M-31272-2018 seeking quashing of the FIR and the
consequential proceedings. This Court, vide order dated 18.07.2022,
quashed the FIR and the consequential proceedings. However, the CBI
challenged the said order before the Hon'ble Supreme Court. The Hon'ble
Supreme Court, vide judgment dated 11.11.2025, set aside the order dated
18.07.2022 and restored the proceedings before the learned trial Court. The
operative part of the order dated 18.07.2022 reads as under:
“23. Having gone through the reasons assigned by the
High Court, it is apparent that while quashing the
proceedings on the basis of one-time settlement, the High
Court failed to advert to the following vital facts of the
case which were duly established during investigation.
(i) That there was a specific finding in the
CRR-1938-2026 (O&M) -4-
chargesheet that the defaulter company through its
directors had submitted fabricated documents and
misrepresented to the Bank for the purpose of
procuring the cash credit facility. (ii) That the
appellant-CBI, on the basis of evidence collected
during investigation, found that the offences of
criminal conspiracy, fabrication of documents, and
offences under the PC Act, were clearly made out.
(iii) That sanction for prosecution had been duly
issued against the then Bank Manager, Mr. Nishan
Lal.
(iv) That the amount of settlement under the one
time settlement did not cover the actual amount due
to the Bank and that there was a deficit of more
than 5 crores plus interest which was a direct loss
to the public exchequer.
24. The High Court, while exercising jurisdiction under
Section 482 CrPC, did not consider these vital facts and
quashed the proceedings merely on the 23 basis of the
alleged one-time settlement. The blanket order quashing
the chargesheet in its entirety would have the effect of
terminating the prosecution against the Bank Manager as
well, against whom prosecution sanction has been
granted.
25. There are plethora of judgments of this Court, some
of which we have referred to above, which categorically
hold that in cases involving economic offences, it is not
merely the Bank that stands defrauded, but the society at
large is also impacted.
26. It can be said without a shadow of doubt that the one-
time settlement would not fetch the entire amount to
which the Bank was otherwise entitled, had the cash
credit account been maintained regularly. The settlement
was made at around Rs.41 crores whereas, admittedly, the
CRR-1938-2026 (O&M) -5-
liability was of Rs.52 crores approximately. One-time
settlements are, as a rule, effected under circumstances
where the Bank 24 under duress is compelled to accept
lesser amount in order to secure the maximum possible
recovery against the defaulting account.
27. In this background, we feel that the High Court
committed error apparent in the eyes of law by quashing
the proceedings.
28. In the case of Jaswant Singh (supra), the dispute
involved was inter se between private parties and the
prosecution had been initiated only for the offences
punishable under Sections 406 and 420 of the IPC. This
Court thought it fit to quash the proceedings considering
the fact that the accused and the complainant had settled
all their disputes amicably and no useful purpose would
be served by allowing the prosecution to continue.
29. In the case of B.B. Aggarwal (supra), this Court
upheld the order of the High Court quashing the
proceedings against the accused on the ground 25 that the
civil suits filed by the Bank against the defaulter
companies and their directors for recoveries of the
outstanding dues, which were subsequently transferred to
Debt Recovery Tribunal stood settled by entering into a
one-time settlement.
30. On going through the aforesaid judgments, we find
that this Court did not consider the judgment in the case
of Gian Singh (supra) which expressly prohibits quashing
of proceedings of a criminal case on strength of a
compromise where loss to public exchequer is evident
and the offences under the PC Act, 1988 are applied.
31. In the Case of Narendra Lal Jain (supra), the offences
were under Sections 420 and 120B of the IPC. This Court
held that Section 420 IPC was compoundable whereas
Section 120B IPC was not. In this background, the Court
CRR-1938-2026 (O&M) -6-
was persuaded to quash the proceedings holding that
allowing the 26 criminal prosecution to continue would
be nothing short of an exercise in futility. Additionally, in
Narendra Lal Jain (supra), there was no indication about
use of forged documents to procure the loan/advance
facilities from the Bank.
32. Furthermore, in none of these three cases did the
Court observe that the amount of the one-time settlement
did not cover the actual outstanding dues of the Bank.
33. In this background, we are of the clear opinion that
the facts involved in the three precedents relied upon by
learned counsel for the respondents are clearly
distinguishable and the same have no application to the
case at hand.
34. Thus, we are of the opinion that the impugned
judgment and order do not stand to scrutiny and deserves
to be set aside. We, therefore, allow the appeal, set aside
the impugned judgment and order and restore the
proceedings arising out of the chargesheet dated 30th
November, 2016 before the trial Court.
35. We further make it clear that this order should not be
construed as making any observations on the merits of the
case which may prejudice the defence of the accused
persons before the trial Court which shall proceed with
the trial of the case uninfluenced by any of the
observations made hereinabove.
36. The appeal is allowed in these terms.
37. Pending application(s), if any, shall stand disposed
of.”
5. After restoration of the proceedings, the learned trial Court
heard the application for discharge as well as the matter regarding framing of
charge. Vide impugned order dated 20.07.2026, the learned trial Court
dismissed the discharge application and held that the material collected
CRR-1938-2026 (O&M) -7-
during investigation, if accepted at its face value, raised sufficient grounds
for presuming that the accused petitioners had entered into a criminal
conspiracy, dishonestly induced the Bank to sanction and enhance credit
facilities on the basis of forged documents and thereafter diverted the loan
proceeds contrary to the terms of sanction. Accordingly, charges as
mentioned above were framed against the petitioners. Aggrieved thereof, the
petitioners have approached this Court by way of filing the present revision
petition.
6. It is argued by learned Senior Counsel for the petitioners that
the impugned order is not sustainable in the eyes of law as while passing the
same, the learned trial Court has proceeded on assumptions and has treated
the allegations in the charge-sheet as proved, whereas at the stage of
discharge the Court is required to examine the entire material on record and
determine whether the ingredients of the alleged offences are prima facie
made out. Learned Senior Counsel has further argued that the Company is
the principal accused and the remaining petitioners are its Directors. Once
the Company has been made an accused, the Directors cannot be separately
proceeded against for the offences alleged unless there is specific material
showing their individual role in the commission of the offences. It is argued
that the prosecution has failed to bring such material against petitioners No.3
to 5 and their implication is essentially on account of their relationship with
the Company.
7. Learned Senior Counsel has further argued that the basic
allegation against the petitioners is that the Bank sanctioned the credit
facilities on the basis of forged work orders. This allegation is contrary to
the sanction letters dated 23.12.2011 and 27.07.2012, which do not refer to
CRR-1938-2026 (O&M) -8-
any work orders as the basis for sanction or enhancement of the credit
facilities. The initial facility was sanctioned after appraisal of the financial
position of the Company and after taking adequate securities and guarantees.
It is further submitted that the work orders relied upon by the prosecution
were not final contracts but were merely proposals showing the work which
the Company proposed to undertake in future. Therefore, merely because
some of the proposed work was not ultimately executed, it cannot be
inferred that the documents were forged or that they were used for obtaining
the credit facility.
8. Learned Senior Counsel has next argued that the prosecution
relies upon photocopies of the alleged work orders, as the originals were
never recovered during investigation. Mere denial of issuance of the work
orders by officials of M/s JBB Everest Buildtech Pvt. Ltd. and M/s PG
Electroplast Ltd. does not establish that the petitioners fabricated them. It is
further argued that the charge-sheet does not identify any petitioner as the
person who prepared or forged the documents or disclose the manner of their
preparation.
9. It is further argued that eight of the work orders were issued by
group/associate companies and their relationship with the petitioners'
Company was reflected in the MCA/ROC records. The mere fact that the
work orders originated from group companies could not make them forged.
He also referred to the collateral securities furnished by M/s Girisa Towers
Ltd. and M/s JMR Infrastructure Ltd. and argued that the substantial
collateral security and personal guarantees accepted by the Bank were
inconsistent with any intention to cheat the Bank from the inception. He
further argued that the Bank's spot inspection reports showed execution of
CRR-1938-2026 (O&M) -9-
work at the sites and, therefore, did not support the allegation of diversion of
the entire credit facility. A reference has been made to the CFSL report dated
31.05.2017 to argue that it dealt only with disputed signatures appearing on
certain account-opening forms and did not establish diversion of Bank funds
or forgery of the work orders. Even if the signatures of petitioner No.2,
Gurinder Kumar Garg, were found on such forms, the same would not
establish that the petitioners had diverted the Bank funds or fabricated
documents for obtaining the credit facility.
10. Learned Senior Counsel has then referred to the One Time
Settlement entered into between the Bank and the Company and argued that
approximately Rs.41 crores were accepted by the Bank in full and final
settlement. The amount paid was higher than the amount actually disbursed
and, therefore, no wrongful loss survived to the Bank and, therefore,
continuation of the criminal proceedings would serve no useful purpose.
Learned Senior Counsel further submitted that the Hon'ble Supreme Court,
while restoring the proceedings, had clarified that its observations would not
prejudice the defence of the petitioners at trial and, therefore, the said
judgment could not be treated as a finding that the offences stood established
against them.
11. Learned Senior Counsel has challenged the applicability of
Section 13(1)(d) read with Section 13(2) of the PC Act and argued that there
was no allegation of demand or acceptance of illegal gratification by the then
Branch Manager. The material at best suggested procedural lapses or
negligence and did not disclose dishonest abuse of official position. He
further argued that the credit proposals were processed by the Credit
Processing Cell and the Head Office and the final sanction was granted by
CRR-1938-2026 (O&M) -10-
the competent authorities at the Head Office. Therefore, the Branch Manager
could not independently sanction the facility and there was no material
showing his conspiracy with the petitioners. It is also argued that he had
merely forwarded the proposals in discharge of his official duties and there
was no allegation of any payment or other consideration to him. Learned
Senior counsel has relied upon State through Central Bureau of
Investigation v. Dr. Anup Kumar Srivastava, (2017) 15 SCC 560 to
contend that the proof of ‘demand’ is a sine qua non for prosecution of
offences under the PC Act, which is totally absent in this case. It is also
submitted that at the stage of framing of charge, where the material on
record does not disclose the ingredients of the alleged offences, the accused
is entitled to discharge. It is lastly submitted that the FIR in question was
registered in the year 2015 and the petitioners have faced proceedings for a
considerable period. With these broad submissions, it is urged that the
revision petition deserves to be accepted and the impugned order is liable to
be set aside, thereby discharging the petitioners from the case.
12. Reply has been filed by the respondent-CBI. On the strength of
the same, learned Special Public Prosecutor for CBI has argued that there is
no infirmity or illegality in the impugned order and the learned trial Court
has rightly dismissed the discharge application after considering the charge-
sheet, the documents collected during investigation and the submissions of
the parties. At the stage of framing of charge, the Court is not required to
conduct a detailed appreciation of evidence or a mini trial. It is further
argued that the investigation disclosed that the petitioners had submitted ten
work orders valuing about Rs.348.24 crores for obtaining the credit
facilities. Three work orders, valuing approximately Rs.72.38 crores,
CRR-1938-2026 (O&M) -11-
purportedly issued by M/s JBB Everest Buildtech Pvt. Ltd. and M/s PG
Electroplast Ltd., were denied by the concerned companies. It is further
argued that seven other work orders, valuing approximately Rs.275.46
crores, were purportedly issued by associate/group companies and that the
investigation disclosed common directorships, concealment of the
relationship with the borrower and other circumstances which showed that
the documents were fabricated and used for obtaining the credit facilities.
13. Learned counsel for the respondent-CBI has further argued that
non-mention of the work orders in the sanction letters does not mean that
they were not part of the loan appraisal as the loan applications were
accompanied by the relevant documents. He submitted that the allegation of
forgery is supported by the statements of the concerned companies, which
denied issuance of the disputed work orders and the CFSL report dated
31.05.2017, which attributed the disputed signatures to the accused. Non-
recovery of the originals is not a ground for discharge, as the photocopies
formed part of the Bank record and their evidentiary value can be examined
at trial. The collateral securities do not absolve the petitioners as the
prosecution case concerns obtaining credit through fabricated documents and
subsequent diversion of funds. The availability of the group/associate
companies on the MCA/ROC portal does not negate the allegation that their
relationship with M/s Sarvodaya Highways Ltd. was concealed from the
Bank while submitting the work orders. On diversion of funds, he relied
upon the inspection reports, Bank records, fund-flow analysis and CFSL
material and argued that negligible construction was found at the relevant
sites despite release of funds and that the enhanced credit facilities were
routed through various accounts and entities, including M/s S.P. Singla
CRR-1938-2026 (O&M) -12-
Construction Pvt. Ltd. The disputed account-opening forms and cheques
formed part of the alleged diversion mechanism and that the CFSL report
dated 31.05.2017 found the signatures on the disputed account-opening
forms to match those of petitioner No.2.
14. So far as the OTS is concerned, learned counsel for the
respondent-CBI has argued that settlement of the Bank's dues did not
extinguish criminal liability arising from fraud, forgery, conspiracy and
diversion of funds. He further submitted that this issue had already been
considered in the earlier proceedings and the order of this Court quashing
the FIR on that basis had been set aside by the Hon'ble Supreme Court. The
same plea cannot be re-agitated in the present revision. It is also submitted
that the prosecution case was not based upon payment of illegal gratification
but upon abuse of official position and conspiracy. Co-accused Nishan Lal,
while functioning as Branch Manager, facilitated sanction and release of the
credit facilities. He failed to verify the work orders and compliance with
sanction conditions and permitted withdrawal of funds without the required
verification. Specific roles had been attributed to the petitioners Gurinder
Kumar Garg and Aashutosh Garg in relation to the work orders and
transactions through associate companies and Aruna Garg and Aayush Garg
as Directors/guarantors who executed the loan documents and participated in
obtaining the credit facilities. It is argued that where the material raises a
strong or grave suspicion regarding commission of the offences, the accused
must face trial and the Court is not required to assess the ultimate probability
of conviction. Since the proceedings had already been restored by the
Hon'ble Supreme Court and the FIR dates back to 2015, the present revision
and prayer for stay would further delay the trial. With these submissions, it
CRR-1938-2026 (O&M) -13-
is urged that the petition deserves outright dismissal.
15. This Court has heard the arguments addressed by learned
counsel for the rival parties, besides going through the material placed on
record.
16. The issue before this Court, at this stage, is limited. The
petitioners seek interference with the order dated 20.07.2026, whereby their
application for discharge was dismissed and charges were framed under the
aforementioned provisions of IPC as well as PC Act. The question,
therefore, is whether, on the material collected during investigation, the
impugned order suffers from such patent illegality, perversity or error of
law, which would warrant interference by this Court in revisional
jurisdiction. Before examining the said question, it is necessary to notice the
earlier proceedings. The petitioners had earlier approached this Court by
filing a petition bearing number CRM-M-31272-2018 seeking quashing of
the FIR and consequential proceedings, primarily on the basis of the One
Time Settlement with the Bank. This Court, vide order dated 18.07.2022,
quashed the FIR and consequential proceedings. The said order was
challenged by the respondent-CBI before the Hon'ble Supreme Court. Vide
judgment dated 11.11.2025, the Hon'ble Supreme Court set aside the order
of this Court and restored the proceedings arising out of the charge-sheet
dated 30.11.2016 before the learned trial Court. At the same time, the
Hon'ble Supreme Court clarified that its observations would not prejudice
the defence of the accused and that the learned trial Court would proceed
uninfluenced by the observations made therein. Thus, the merits of the
defence are still open to the petitioners at the trial.
17. After restoration of the proceedings, the learned trial Court
CRR-1938-2026 (O&M) -14-
considered the discharge application and the material collected during
investigation and, vide impugned order dated 20.07.2026, dismissed the
application and proceeded to frame charges. The petitioners have now
approached this Court seeking setting aside of the said order. Therefore, the
question which arises for consideration by this Court is whether the
impugned order framing charges calls for interference in exercise of
revisional jurisdiction. The law relating to interference at the stage of
framing of charge is well settled. In Manendra Prasad Tiwari v. Amit
Kumar Tiwari, (2022) 20 SCC 757, the Hon'ble Supreme Court has held
that although the High Court can quash a charge in exercise of revisional
jurisdiction, it cannot do so by weighing the correctness or sufficiency of the
prosecution evidence. The Court is required to see whether, if the
prosecution material is taken at its face value, it discloses the commission of
an offence. At the stage of charge, the Court is concerned with the existence
of strong suspicion and not with proof of guilt. The Hon'ble Supreme Court
has further held that revisional jurisdiction is meant to correct a patent
defect, error of jurisdiction or law or perversity in the proceedings. While
examining a challenge to a charge, the High Court is not required to conduct
a meticulous examination of the evidence or determine whether the
prosecution would ultimately result in conviction. Interference is warranted
only where the allegations are patently absurd or inherently improbable, or
where the basic ingredients of the alleged offence are not disclosed from the
material on record. Reference can also be made to Chitresh Kumar Chopra
v. State (Government of NCT of Delhi), (2009) 16 SCC 605, wherein the
Hon’ble Supreme Court has observed that it is trite that at the stage of
framing of charge, the Court is required to evaluate the material and
CRR-1938-2026 (O&M) -15-
documents on record with a view to finding out if the facts emerging
therefrom, taken at their face value, disclose the existence of all the
ingredients constituting the alleged offence or offences. For this limited
purpose, the Court may sift the evidence as it cannot be expected even at the
initial stage to accept as gospel truth all that the prosecution states. At this
stage, the court has to consider the material only with a view to find out if
there is ground for "presuming" that the accused has committed an offence
and not for the purpose of arriving at the conclusion that it is not likely to
lead to a conviction. Similar observations were made by the Hon’ble
Supreme Court in Niranjan Singh Karam Singh Punjabi & Ors. v. Jitendra
Bhimraj Bijja & Ors, (1990) 4 SCC 76.
18. Reliance can also be placed upon State of Maharashtra v. Som
Nath Thapa, (1996) 4 SCC 659, where a three-Judge Bench of the Hon’ble
Supreme Court explained the meaning of the word "presume". Referring to
the dictionary meanings of the said word, it was observed that if on the basis
of materials on record, a Court could come to the conclusion that
commission of the offence is a probable consequence, a case for framing of
charge exists. To put it differently, if the Court were to think that the
accused might have committed the offence it can frame the charge, though
for conviction the conclusion is required to be that the accused has
commuted the offence. It is apparent that at the stage of framing of charge,
probative value of the materials on record cannot be gone into and the
materials brought on record by the prosecution has to be accepted as true at
that stage.
19. Reliance can also be placed upon Amit Kapoor v. Ramesh
Chander, (2012) 9 SCC 460, wherein the Hon'ble Supreme Court held as
CRR-1938-2026 (O&M) -16-
under:
“Section 397 of the Code vests the Court with the power
to call for and examine the records of an inferior court for
the purposes of satisfying itself as to the legality and
regularity of any proceedings or order made in a case.
The object of this provision is to set right a patent defect
or an error of jurisdiction or law. There has to be a well-
founded error and it may not be appropriate for the court
to scrutinize the orders, which upon the face of it bears a
token of careful consideration and appear to be in
accordance with law. If one looks into the various
judgements of this Court, it emerges that the revisional
jurisdiction can be invoked where the decisions under
challenge are grossly erroneous, there is no compliance
with the provisions of law, the finding recorded is based
on no evidence, material evidence is ignored or judicial
discretion is exercised arbitrarily or perversely. These are
not exhaustive classes, but are merely indicative. Each
case would have to be determined on its own merits.
13. Another well-accepted norm is that the revisional
jurisdiction of the higher court is a very limited one and
cannot be exercised in a routine manner. One of the
inbuilt restrictions is that it should not be against an
interim or interlocutory order. The Court has to keep in
mind that the exercise of revisional jurisdiction itself
should not lead to injustice ex facie. Where the Court is
dealing with the question as to whether the charge has
been framed properly and in accordance with law in a
given case, it may be reluctant to interfere in exercise of
its revisional jurisdiction unless the case substantially
falls within the categories afore stated. Even framing of
charge is a much advanced stage in the proceedings under
the CrPC.”
20. Applying the above principles to the present case, this Court
CRR-1938-2026 (O&M) -17-
finds that the learned trial Court has not proceeded on the basis of mere
allegations. The charge-sheet and the material collected during investigation
disclose that ten work orders, valuing about Rs.348.24 crores, were
submitted in connection with the credit facilities. Three of the work orders,
according to the investigation, were denied by the concerned companies,
while the remaining work orders were allegedly issued by associate/group
companies and the investigation disclosed common directorships and alleged
concealment of their relationship with the borrower. The prosecution has
also relied upon the alleged false stock and receivable statements, the alleged
forged lien documents relating to the collateral properties, Bank records,
inspection material, fund-flow analysis and the CFSL report.
21. The plea that the sanction letters do not specifically refer to the
work orders cannot, at this stage, by itself displace the prosecution case.
Likewise, the questions whether the work orders were only proposals,
whether the originals were required to be recovered, whether the
photocopies can ultimately be proved in accordance with law and whether
the denial by the concerned companies conclusively establishes fabrication
are matters which require appreciation of evidence. The same cannot be
finally determined in favour of the accused at the stage of charge. Similarly,
the plea regarding the collateral securities, personal guarantees and the
Bank's spot inspection reports does not make the prosecution case inherently
improbable. The prosecution alleges not merely failure to repay the Bank's
dues but procurement of credit facilities through false or fabricated
documents and subsequent diversion of the funds. Whether the material
relied upon by the CBI ultimately establishes these allegations is a matter for
trial. At this stage, the Court is only required to see whether the material
CRR-1938-2026 (O&M) -18-
raises the requisite strong suspicion. The same principle applies to the CFSL
report, account-opening forms and the alleged routing of funds through
different entities. The petitioners seek to examine the evidentiary value and
connection between these documents and the alleged diversion. Such an
exercise would amount to a mini trial. The material relied upon by the
prosecution, taken at its face value, cannot be discarded merely because
another interpretation is possible. The individual roles attributed to the
petitioners are also matters to be examined on the basis of evidence during
trial.
22. So far as the plea regarding the One Time Settlement is
concerned, it also does not assist the petitioners at this stage. This issue had
already formed the basis of the earlier order of this Court quashing the
proceedings, which order was set aside by the Hon'ble Supreme Court. The
Supreme Court specifically noticed the allegations of fabricated documents,
criminal conspiracy, offences under the Prevention of Corruption Act and
the difference between the amount due and the amount accepted under the
settlement while restoring the prosecution. At the same time, it expressly left
the merits of the defence open. Therefore, the petitioners can certainly raise
the effect of the settlement during trial but the settlement, by itself, cannot be
treated as a ground to discharge them in the present proceedings.
23. As regards the offence under Section 13(2) read with Section
13(1)(d) of the PC Act, learned Senior Counsel has argued that there is no
allegation of demand or acceptance of any illegal gratification and that the
credit proposals were processed by the Credit Processing Cell and the Head
Office, with the final sanction having been accorded by the competent
authorities. The prosecution, however, relies upon the role attributed to the
CRR-1938-2026 (O&M) -19-
accused persons in the processing and obtaining of the credit facilities and
the circumstances surrounding the alleged use of false and fabricated
documents and diversion of the loan proceeds. At this stage, it would not be
appropriate to examine the defence version or to finally determine whether
the material collected during investigation would ultimately establish the
ingredients of the offence under the Prevention of Corruption Act. The same
would be a matter for determination by the learned trial Court on the basis of
evidence.
24. The reliance placed by learned Senior Counsel on State through
Central Bureau of Investigation’s case (supra) does not alter the above
position. The principle that the Court must apply its mind to the material on
record at the stage of charge is well settled. However, that exercise does not
require the Court to finally determine the reliability, admissibility or
sufficiency of the evidence for conviction. In the present case, the learned
trial Court has considered the material collected during investigation and has
recorded reasons for forming an opinion that the same gives rise to sufficient
grounds for presuming commission of the offences. This Court is, therefore,
unable to hold that the allegations against the petitioners are patently absurd
or inherently improbable or that the basic ingredients of the offences are
wholly absent. The objections raised by the petitioners essentially seek an
assessment of the evidentiary value of the prosecution material and
acceptance of their defence at the threshold. Such an exercise is not
permissible in the present revisional proceedings. As held in the abovecited
authorities, once there is material giving rise to a strong suspicion of
commission of the offence, the final test of guilt cannot be applied at the
stage of framing of charge.
CRR-1938-2026 (O&M) -20-
25. In view of the above discussion, this Court finds no patent
illegality, perversity or jurisdictional error in the impugned order dated
20.07.2026. The learned trial Court has rightly declined to discharge the
petitioners and has proceeded to frame charges on the basis of the material
available on record. The present petition, therefore, does not call for
interference. Consequently, the revision petition is dismissed. The impugned
order dated 20.07.2026 passed by the learned Special Judge, CBI, Haryana
at Panchkula is upheld.
26. The learned trial Court shall proceed with the trial in
accordance with law, uninfluenced by any observation made in this order.
The prayer for stay of further proceedings also stands dismissed.
27. Pending application(s), if any, shall stand disposed of.
17.09.2026 (MANISHA BATRA)
Waseem Waseem Waseem Waseem R. R. R. R. AnsariAnsariAnsariAnsari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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