The CBI has booked BJP leader Mohit Kamboj and four others for alleged criminal conspiracy, cheating and forgery pertaining to a loan of Rs 67 crore from Bank of India, a charge denied by the political leader.
The agency has also named erstwhile Avyan Overseas Pvt Ltd and KBJ Hotels Goa Pvt Ltd in its FIR. The CBI carried out searches at five locations in Mumbai at the residential and official premises of the accused, including Kamboj, officials said.
According to the CBI FIR, Kamboj is named in the list of suspects as well as accused along with Jitendra Gulshan Kapoor, Naresh Madanji Kapor (now deceased), Sidhant Bagla and Irtesh Mishra, they said.
The bank has alleged that Kamboj was guarantor and managing director in Avyan Overseas Pvt Ltd, engaged in manufacturing and export of handcrafted gold jewellery to Dubai, Singapore, Hong Kong and other countries.
Kamboj, chief of Mumbai unit of Bhartiya Janata Yuva Morcha, said the company had entered into a one-time settlement with the bank in 2018 and Rs 30 crore was paid to them under it.
"Two and a half years after receiving the payment from the company and giving us a 'no dues certificate', the bank has filed a case. There is some agenda in this. It can also be an issue of personal rivalry. I will cooperate with the CBI in its investigation," he said.
The agency has registered the FIR under IPC Section 120-B (criminal conspiracy), 406 (criminal breach of trust), 420 (cheating), 468 (forgery), 471 (passing forged documents as genuine) and provisions of Prevention of Corruption Act on a complaint from Bank of India, officials said.
The state-run Bank of India has alleged that borrowers and guarantors allegedly committed misappropriation of public funds, fraud, cheating and forgery in connivance with its officials who "abused their official position" in appraisal, sanction, disbursement, declaration of account as fraud and sanctioning one time settlement (OTS) with the company, they said.
Other directors and personal guarantors included Jitendra Kapoor and Naresh Kapoor while KBJ Hotels Goa Pvt Ltd (now Anjuna Properties) was corporate guarantor for credit facilities to the tune of Rs 60 crore issued by the bank in 2013 which was released in January, 2014 to the company, it alleged.
"In pursuance of the conspiracy, the said private company allegedly got it (amount) sanctioned and got it released. It was further alleged that after availing the said limits, the accused company diverted the funds and prepared forged and fabricated documents in support of the claim. An alleged loss to the tune of Rs 57.26 crore (approx.) was caused to Bank of India," CBI Spokesperson said.
He said searches in Mumbai led to recovery of certain incriminating documents, including those related to property, loan, various bank account details and locker key.
In its complaint to the CBI, which forms part of the FIR, the bank alleged that in 2015, an inspection of the company was conducted during which a number of irregularities were found.
The bank then declared the loan as a 'Non Performing Asset' on March 31, 2015 due to "non-servicing of interest" and "continuous overdues position of bills," the bank alleged.
The Head Office fraud monitoring Unit of the bank red flagged the account ordering a forensic audit by Ernst and Young, the bank said in its complaint.
In the forensic audit report submitted on March 31, 2017, it was pointed out that there was a diversion of loan funds to a sister concern, to other companies and there was even a flat purchase agreement between the wife of Kamboj and a construction company owned by a noted film producer.
The company indulged in transactions which were not genuine, it alleged.
The auditor also pointed out other serious irregularities in the report, the bank alleged, adding that the account was declared fraud on June 19, 2018, it said.
The very next day, bank's competent authority approved a OTS of Rs 30 crore as against a total loan of Rs 67.22 crore, which was deposited by the company in five days later, it said.