Madhya Pradesh High Court
Vivek Gupta vs Central Bureau Of Investigation on 31 May, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
-1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND
DHARMADHIKARI
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
MISC. CRIMINAL CASE No. 34326 of 2021
BETWEEN:-
M/R RUCHI GLOBAL LIMITED (PRESENTLY AGROTRADE
ENTERPRISES LIMITED) THROUGH MR. S.N. SADAWARTI S/O SHRI
1. MANOHARLAL SADAWARTI DIRECTOR AND AUTHORISED
SIGNATORY, AGED ABOUT 75 YEARS, OCCUPATION: BUSINESS 9/2
SOUTH TUKOGANJ (MADHYA PRADESH)
SH. UMESH SHAHRA S/O SHRI KAILASH SHAHRA, AGED ABOUT 58
2.
YEARS, 28, OLD PALASIA, A.B. ROAD, INDORE (MADHYA PRADESH)
SH. SAKET BARODIA S/O SHRIRAM BARODIA, AGED ABOUT 53
3. YEARS, 40, MALI PURA, MAIN ROAD, JUNI INDORE (MADHYA
PRADESH)
SH. ASHUTOSH MISHRA S/O SHRI SHYAMSUNDAR MISHRA, AGED
4. ABOUT 65 YEARS, 25, 24, BANGLOW, SCHEME NO. 114, PART I,
INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER P.S.AC-IV (VYAPAM) BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THR ITS DEPUTY GENERAL MANAGER PLOT NO.
2. 12, RC, 1ST FLOOR, SCHEME NO. 134, NIPANIYA, INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
Signature Not Verified
Signed by: PRAVEEN
Signing time:
31/05/2024 7:21:34 PM
-2-
(BY SHRI VIKRAM DUBEY (CBI)-ADVOCATE)
MISC. CRIMINAL CASE No. 9208 of 2024
BETWEEN:-
M/S AGROWERB ONLINE PVT. LTD. THROUGH ITS DIRECTOR SHRI
1. KUSHAL GAIKWAD R/O 101 KANCHAN VIHAR 2 KANCHAN BAGH
SOUTH TUKOGANJ INDORE (MADHYA PRADESH)
KUSHAL GAIKWAD S/O SHRI VIJAY GAIKWAD, AGED ABOUT 42
2. YEARS, OCCUPATION: SERVICE H. NO. 77, AHILYAPURA MAIN
ROAD, INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER THROUGH POLICE STATION AC-IV
(VYAPAM) BHOPAL (MADHYA PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE PLOT NO. 12, RC, 1ST FLOOR, SCHEME NO. 134,
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9212 of 2024
BETWEEN:-
M/S SUMERU RESOURCES PVT. LTD. THROUGH ITS DIRECTOR SHRI
1. DHIRAJ NAGAR R/O B-11 ALANKAR CHAMBER A 2 RATLAM KOTHI
INDORE (MADHYA PRADESH)
ARVIND KUMAR SHARMA S/O SHRI SHIV KUMAR SHARMA, AGED
2. ABOUT 46 YEARS, OCCUPATION: SERVICE H. NO. 256-A, SUDAMA
NAGAR INDORE (MADHYA PRADESH)
3. DHIRAJ NAGAR S/O SHRI GOVINDDAS NAGAR, AGED ABOUT 54
YEARS, OCCUPATION: SERVICE 503-A TIRUMALA TOWER,
Signature Not Verified
Signed by: PRAVEEN
Signing time:
31/05/2024 7:21:34 PM
-3-
CHOTABANGARDA ROAD, INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER THROUGH POLICE STATION AC-IV
(VYAPAM) BHOPAL (MADHYA PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE, PLOT NO. 12, RC, 1ST FLOOR, SCHEME NO. 134,
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9217 of 2024
BETWEEN:-
MS. SHASHWAT REALTY DEVELOPERS PRIVATE LIMITED
1. THROUGH ITS DIRECTOR SRI SACHIN GUPTA R/O 120 NANDA
NAGAR, INDORE (MADHYA PRADESH)
SACHIN GUPTA S/O OM PRAKASH GUPTA, AGED ABOUT 43 YEARS,
2. OCCUPATION: SERVICE 120 NANDA NAGAR INDORE (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
INVESTIGATION OFFICER THROUGH ITS INVESTIGATION
1.
OFFICER, POLICE STATION AC IV VYAPAM BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
REGIONAL OFFICE PLOT NO. 12 RC 1ST FLOOR SCHEME NO. 134
2. NIPANIYA INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: PRAVEEN
Signing time:
31/05/2024 7:21:34 PM
-4-
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9247 of 2024
BETWEEN:-
ISHWARLAL KALANTRI S/O MADAN LALA KALANTRI, AGED ABOUT
57 YEARS, OCCUPATION: SERVICE R/O F-H, 183, SCHEME NO. 54 VIJAY
NAGAR INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
INVESTIGATION OFFICER THROUGH ITS INVESTIGATION OFFICER
1.
THROUGH POLICE STATION AC IV VYAPAM BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE PLOT NO. 12, RC, 1ST FLOOR, SCHEME NO. 134,
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9249 of 2024
BETWEEN:-
PANKAJ NAYAK S/O SHRI RAMDAYAL NAYAK, AGED ABOUT 46 YEARS,
OCCUPATION: SERVICE 104, LODHIPURA, INDORE (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
Signature Not Verified
Signed by: PRAVEEN
Signing time:
31/05/2024 7:21:34 PM
-5-
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER P.S. AC-IV (VYAPAM), BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE PLOT NO. 12 RC 1ST FLOOR SCHEME NO. 134
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9250 of 2024
BETWEEN:-
VIVEK GUPTA S/O SHRI SURESH GUPTA, AGED ABOUT 46 YEARS,
OCCUPATION: SERVICE H.NO. 387, GANGA NAGAR, DEWAS (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER P.S. AC-IV (VYAPAM), BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE, PLOT NO. 12, RC, 1ST FLOOR, SCHEME NO. 134,
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9252 of 2024
BETWEEN:-
AMIT GUPTA S/O SHRI PRAKASH CHAND GUPTA, AGED ABOUT 54
YEARS, OCCUPATION: SERVICE H.NO. 211, SUNCITY, DEWAS (MADHYA
PRADESH)
Signature Not Verified
Signed by: PRAVEEN
Signing time:
31/05/2024 7:21:34 PM
-6-
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER P.S. AC-IV (VYAPAM), BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE PLOT NO. 12 RC 1ST FLOOR SCHEME NO. 134
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9307 of 2024
BETWEEN:-
M/S PIYALI TRADING CO. PVT. LTD. THROUGH ITS DIRECTOR SHRI
1. MEHER T. KHURODI B-11, ALANKAR CHAMBER A-2, RATLAM
KOTHI, INDORE (MADHYA PRADESH)
MEHER T. KHURODI S/O SHRI TEHMURASP KHURODI, AGED ABOUT
2. 70 YEARS, OCCUPATION: SERVICE 201, CHETAK VIHAR, NEW
PALASIA NEAR 56 CHOWK, INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER P.S. AC-IV (VYAPAM), BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE PLOT NO. 12, RC, 1ST FLOOR, SCHEME NO. 134,
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
Signature Not Verified
Signed by: PRAVEEN
Signing time:
31/05/2024 7:21:34 PM
-7-
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9311 of 2024
BETWEEN:-
M/S VIBUTHI ENTERPRISES PVT. LTD. THROUGH ITS DIRECTOR
1. SHRI DHARMA KARWASRA RAM 404, MANAS BHAWAN, 11 RNT
MARG, INDORE (MADHYA PRADESH)
SHRI SHASHANK KHANDELWAL S/O SHRI MANAK CHAND
KHANDELWAL, AGED ABOUT 37 YEARS, OCCUPATION: SERVICE H.
2.
NO. 402, ARPIT APARTMENT, 3-A, JANKI NAGAR, INDORE (MADHYA
PRADESH)
SHRI VINIT JANWASIA S/O SHRI NAVIN CAND JANWASIA, AGED
3. ABOUT 46 YEARS, OCCUPATION: SERVICE H. NO. 501 (OLD NO. 323)
M.G. ROAD, MALHAR GANJ, INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER P.S. AC-IV (VYAPAM), BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE PLOT NO. 12, RC, 1ST FLOOR, SCHEME NO. 134,
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
MISC. CRIMINAL CASE No. 9314 of 2024
BETWEEN:-
M/S SHUBHAM MERCANTILE PVT LTD. THROUGH ITS DIRECTOR
1. SHRI SUSHIL KUMAR PARE 386-C, KALANI NAGAR, INDORE
(MADHYA PRADESH)
2. SHRI KRISHNA DAS NAGAR S/O SHYAM DAS NAGAR, AGED ABOUT
55 YEARS, OCCUPATION: SERVICE 148, VENKATESH NAGAR,
Signature Not Verified
Signed by: PRAVEEN
Signing time:
31/05/2024 7:21:34 PM
-8-
INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI V.K. JAIN, SENIOR ADVOCATE ALONGWITH SHRI ATUL KUMAR
GUPTA-ADVOCATE)
AND
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
1. INVESTIGATION OFFICER P.S. AC-IV (VYAPAM), BHOPAL (MADHYA
PRADESH)
BANK OF BARODA THROUGH ITS DEPUTY GENERAL MANAGER
2. REGIONAL OFFICE PLOT NO. 12, RC, 1ST FLOOR, SCHEME NO. 134,
NIPANIYA INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HIMANSHU JOSHI-ADVOCATE)
(BY SHRI ABHINAV DHANODKAR-ADVOCATE)
This application coming on for orders this day, Justice Gajendra Singh
passed the following:
Heard on : 21st OF MAY, 2024
Order Pronounced on : 31th OF MAY, 2024
ORDER
The issue involved in these Misc. Criminal Cases are common,
thus they are being decided by this common order. For the sake of
convenience , the facts of Misc. Criminal Case No.34326/2021 are being
taken for deciding the controversy involved in this matter.
In these Misc. Criminal Cases under Section 482 of Cr.P.C., the
petitioners have prayed the following relief:-
a. Quash FIR No.RC2222021A0003/2021 registered at Police
Station AC-IV (Vyapam) Bhopal dated 14.06.2021 under Sections 13(2),
13(1) (d) of the Prevention of Corruption Act, 1988 and Section 420, 120-
B of the IPC and all the proceedings emanating thereunder and / or pass
any such order/further order (s) as this Hon'ble Court may deem fit and
appropriate in the facts and circumstances of the case.
Facts of the case in short are as under:-
[2] The petitioner No.1 in Misc. Criminal Case No.34326/2021
namely M/s Ruchi Global Limited is engaged in wholesale sales of metals,
metal ores, cereals and pulses. The Company also deals in oil seeds, such
as mustard, soyabean and castor seeds; pulses, including brown and while
chickpea. The Company is having credit facilities from four Banks under
consortium arrangement led by Bank of Baroda (e-Dena Bank) alongwith
Punjab National Bank, Jammu & Kashmir Bank, Oriental Bank of
Commerce. The Forensic Audit was allotted to M/s T.R.Chadha & Co.
LLP on 10.10.2018 for the period of 01.01.2016 to 31.12.2017 to find out
the trail/detail of transactions i.e sole customer, sole suppliers and major
transactions with related parties and analysis of Balance Sheet of the
Company. The Forensic Audit report was submitted by M/s T.R. Chadha &
Co. LLP on 09.07.2019 and forensic audit conducted by M/s T.R.Chadha
& Co LLP revealed irregularities of fraudulent nature complaint
(annexure P/2) alleging commission of offence of fraud in Credit Facilities
maintained with our Navlakha Branch (e-Dena Bank), Indore by way of
cheating, diversion and/or siphoning of Bank's funds, misrepresentation of
data to the tune of Rs.18835/- was filed with request to register the FIR
and take necessary action against Ruchi Global Limited ( Borrower
Company) and its Directors namely Umesh Shahra, Saket Barodla,
Ashutosh Mishra and unknown public servants by Shri Rajesh D Sharma,
Deputy General Manager, Bank of Baroda, Region Indore to the Central
Bureau of Investigation (respondent No.1) and FIR No.RC2222021A0003
under Section 13 (2) read with 13(1) (d) of Prevention of Corruption Act
and Section 120-B, 420 of IPC was registered on 14.06.2021 in Police
Station AC-IV (Vyapam), Bhopal (Annexure P/1) against M/s Ruchi
Global Ltd., Umesh Shahra, Saket Barodla, Ashutosh Mishra and
unknown public servant and private persons.
[3] Challenging the registration of FIR, Misc. Criminal Case
No.34326/2021 was filed and in the course of investigation, the
involvement of petitioners in Misc. Criminal Cases Nos. 9208/2024,
9212/2024, 9217/2024, 9247/2024, 9249/2024, 9250/2024, 9252/2024,
9307/2024, 9311/2024 and 9314/2024 were also found and final report
under Section 173(2) of Cr.P.C. was submitted to the Court of Special
Judicial Magistrate, CBI, Indore under Section 120-B read with Section
420 and 471 of IPC with request to summon to all the accused persons to
face the trial in accordance with law keeping further investigation kept
open under Section 173(8) of Cr.P.C. against Ashuthosh Mishra (A-4) and
directors and signatories of other related parties, role of public servants, if
any in the instant case and collection of further evidence on the issues
connected and related to the investigation.
[4] The Trial Court vide order dated 02.02.2023 in Special Case CBI
10/2023 has quashed the proceedings against the petitioner No.1 in Misc.
Criminal Case No.34326/2021 i.e. M/s Ruchi Global Ltd. and continued
the proceedings against the rest of accused persons. Thereafter, Misc.
Criminal Cases Nos. 9208/2024 9212/2024, 9217/2024, 9247/2024,
9249/2024, 9250/2024, 9252/2024, 9307/2024, 9311/2024 and 9314/2024
were also filed.
[5] These Misc. Criminal Cases have been preferred on the ground
that in Writ Petition No.28163/2019, the respondents were refrained from
taking coercive action but despite having granted interim protection of no
coercive action, the respondent No.2 proceeded to take the coercive action
of making the complaint, acting upon which, respondent No.1 registered
the impugned FIR. The basis of the FIR i.e. classification and declaration
of account of borrower to be fraud on the basis of forensic aduit report has
been set aside and consequently the FIR against the principal borrower is
also quashed then there exists no ground in law to prosecute and try the
petitioners in capacity of accomplice only. Where the FIR against the
principal borrower does not stand then there can be no offence attributable
to the alleged accomplices. The complainant sought to initiate penal action
against the petitioners by alleging being accomplice in fraudulent
transaction by the borrower while relying solely on the un-communicated
forensic audit report and consequent declaration of borrower as fraudster
which in itself is non est in law and now has been set aside by the Court.
[6] It is also submitted that the Apex Court has reiterated that in the
matters where penal consequences are attracted as a result of judicial or
quashi-judicial orders, due process prescribed by law must be strictly
adhered to. The impugned FIR is nothing but an abuse of process of law
and that the complaint is in total transgression of RBI Master Circular
dated 01.07.2016 as well as while overreaching the interim orders of this
Court has tried to hastily convert consortium proceedings into a criminal
dispute, only with a view to harass the petitioners. The allegation raised in
the impugned complaint and FIR are absurd and raise bald allegation
against unknown public servant for the sole purpose of affixing the grave
sections of the Prevention of Corruption Act, 1988. The allegation in the
complaint dated 29.05.2021 that unknown public servants were involved,
the complainant Bank has sought to shield its own public servant from
scrutiny, censure and further investigation by smartly giving reference to
one examination of staff accountability purportedly carried out on
05.11.2018 as per which no staff accountability was observed. The
Prevention of Corruption Act can only be invoked against public servants
and the present FIR invoking sections 13(1) (d) and 13(2) of the said Act
against the petitioners is wholly illegal.
[7] Counsel for the respondent No.2 submitted that the Hon'ble
Supreme Court in case of State Bank of India Vs. Rajesh Agrawal in para
9.1 has held that no opportunity of hearing is required for the purpose of
lodging first information report. The Hon'ble Supreme Court in case of
Punjab Nationl Bank Vs. Vijay Soni and Another (SLP (Civil) Diary
No.47470/2023) in its interim order dated 14.12.2023 has held that the
order passed in the case of Surendra Patwa (Writ Petition No.28648/2019)
will not be read as a precedent that the registration of FIR would be
quashed for non compliance of the circular dated 01.07.2016. In pursuance
to the same, the Bank has filed MCC No.675/2024 under Rule 30A of the
High Court Rules before the High Court for the purpose of bringing
necessary modification in the order passed by the Writ Court in Writ
Petition No.28163/2019. Contention of the petitioners that the OTS has
been approved by the Bank of Baroda and now nothing remains thereafter
is a falsified statement being made by the petitioner because the complaint
so been made by the Bank of Baroda was under the capacity of the lead
bank of the Joint Lenders forum. There were other banks as well viz.
Punjab National Bank, Oriental Bank of Commerce and Jammu and
Kashmir Bank who consented to the submission of the said complaint
before the competent authorities. Contention of the petitioner that the
Forensic Audit has been quashed by this Court is not the scenario. Order
has been solely quashed on the ground of audi alterum partum. The liberty
has been granted to the Bank to again proceed in accordance with law. The
CBI has also filed SLP before the Hon'ble Surpeme Court. This Court in
the case of Ameeta Argal and Others Vs. Pubjab national Bank and others
(Writ Petition No.19777/2023) has held that in light of orders of the
Hon'ble Supreme Court in Punjab National Bank Vs. Vijay Soni and
another [SLP (Civil) diary No.47470/2023] the order of Surendra Patwa
has been rendered denuded of its precedential value so far as it relates to
quashment of FIR. The relief of quashment of FIR cannot be granted till
Apex Court decided the issue in Punjab National Bank Vs. Vijay Soni and
another [SLP (Civil) Diary no.47470/2023]. As per the Annexure P/28 of
MCRC 34326/2021 filed by M/s Ruchi Global Ltd before this Court
containing Minutes of Minutes of Joint Lenders Forum, it has clearly been
specified that the Bank has submitted its complaint to the Central Bureau
of Investigation on 13.11.2019, whereas the petitioners being backed with
malicious intention is specifying that the complaint has been submitted
after the directions of this Hon'ble Court vide order dated 19.12.2019. The
investigation against the public servant is still pending.
[8] The respondent No.1 has also backed the respondent No.2.
We have perused the record.
[9] So far as the contention of petitioners as regards opportunity of
hearing not being afforded before filing of complaint to the CBI is
concerned, the same is misconceived in the light of the judgment of Apex
Court passed in the case of State Bank of India & Ors. Vs. Rajesh Agrawal
and Ors reported in (2023) 6 SCC 1, wherein it has been clearly directed
that before filing of FIR, no opportunity of hearing is required to be given
to the accused person.
[10] Now we are referring the parameters for quashing the FIR. The
Apex Court in the case of Kapil Agrawal and Ors. Vs. Sanjay Sharma
and Ors. reported in (2021) 5 SCC 534 has held that when registration of
an FIR is an abuse of process of law or is a degenerate weapon of
harassment then the same can be quashed in exercise of powers under
Article 226 of the Constitution or Section 482 of
the Code of Criminal Procedure.
[11] Now we come to the controversy involved in this case. The
transaction regarding which the fraud is alleged is credit facility
sanctioned from four Banks under consortium arrangement led by Bank of
Baroda (e-Dena Bank) alongwith Punjab National Bank, Jammu &
Kashmir Bank, Oriental Bank of Commerce extended to the M/s Ruchi
Global Limited ( Petitioner No.1 in Misc. Criminal Case No.34326/2021)
[12] The mode of fraud is stated that M/s Ruchi Globale Ltd got
opened 06 Inland Letters of credit in favour of Sumeru Resources
(petitioner No.1 in M.Cr.C. No.9212/2024) and Vibhuthi Enterprises Pvt.
Ltd. (Petitioner No.1 in M.Cr.C.No.9311/2024) with a clear intention of
diverting the bank funds and the said fund were ultimately received in the
bank accounts of Ruchi Global Ltd. and Letter of Credit was
accommodative in nature and was used to divert funds by Ruchi Global
Ltd in conspiracy with Vibuthi Enterprises Pvt. Ltd.(Petitioner No.1 in
M.Cr.C.No.9311/2024), Piyali Trading Co. Pvt. Ltd, (Petitioner No.1 in
M.Cr.C. No.9307/2024), Shubham Mercantile (Petitioner No.1 in
M.CR.C. 9314/2024) Shashwat Realty (Petitioner No.1 in M.Cr.C.
No.9217/2024) and Agroweb Online Pvt. Ltd (Petitioner No.1 in M.Cr.C.
No.9208/2024). The Arvind Kumar Sharma, Director M/s Sumeru
Resources Pvt. Ltd. (Petitioner No.1 in M.Cr.C. No.9212/2024), Vinit
Janwasia, Director M/s Vibuthi Enterprises Pvt. Ltd. Sachin Gupta
Director M/s Shashwat Realty Developers Pvt.Ltd and Krishna Das Nagar
Director Shubham Mercantile Pvt. Ltd were also the employees of Ruchi
Global Ltd or Ruchi group of companies, who assisted the borrower
company Ruchi Global Ltd. in the aforesaid manner to cheat lender bank
for diverting the bank fund.
[13] The crux of the prosecution is stated that M/s Ruchi Global Ltd in
conspiracy with M/s Sumeru Resources Pvt. Ltd, M/s Vibuthi Enterprises
Pvt. Ltd, M/s Piyali Trading Co. Pvt. Ltd., M/s Agroweb Online Pvt. Ltd.,
M/s Shashwat Realty Developers Pvt. Ltd and M/s Shuham Mercantile Pvt
Ltd., through their respective directors/representatives and employees had
committed cheating, forgery and through the same, misappropriated Non
Fund Based Bank Credit facility to the tune of Rs.66,09,58,300/- causing
wrongful gain for themselves and subsequent wrongful loss to the Lenders
Bank.
[14] The proceedings against the M/s Ruchi Global Limited has been
closed by the Trial Court on the basis of order dated 21.11.2023 in Writ
Petition No.28163/2019 and order dated 25.07.2023 in Writ Petition
No.23800/2021 passed by this Court. When the proceedings have been
terminated against the M/s Ruchi Global Ltd to whom credit facility was
sanctioned, then the proceedings against rest of the petitioners to whom it
is stated that they conspired with Ruchi Global Ltd. cannot be continued.
[15] In view of above, Misc. Criminal Case No.34326/2021,
9208/2024 9212/2024, 9217/2024, 9247/2024, 9249/2024, 9250/2024,
9252/2024, 9307/2024, 9311/2024 and 9314/2024 are allowed. The
proceedings against the petitioners based on the FIR
No.RC2222021A0003/2021 registered at Police Station AC-IV (Vyapam)
Bhopal is also hereby quashed.
Certified copy as per rules.
Office is directed to place the photocopy of this order in all the
connected Misc. Criminal Cases.
(S.A. DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
praveen
