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TMI Blog2022 (9) TMI 1527X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that there is prima facie sufficient evidence connecting the petitioner with the aforesaid amount and also considering the massive amount involved, the petitioner is not entitled to bail - the petition is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... of written complaint dated 10.08.2017 of Mr. Rajbir Singh Dhankar, Assistant General Manager, Oriental Bank of Commerce, Cluster Monitoring Head, CMO-Haryana, an FIR No. RCBD/1/2018/E/0009 dated 08.05.2018 was registered against M/s Mahesh Timbers Private Limited having its registered office at Timber Market, Sadar Bazar, Karnal and office address at Plot No. 8, Survey No. 250/1, Golpada Road, Gandhidham, Gujarat, its directors namely Ashok Kumar Mittal R/o H.No. 2143, Sector-13, Urban Estate, Karnal, Haryana 132001, Nisha Mittal (also W/o Ashok Kumar Mittal), Surender Kumar Ranga, Senior Manager, Oriental Bank of Commerce (terminated from services), R/o A-1/61, Sector-4, Rohini, New Delhi 110085 and unknown public servants and private per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia, Karnal, Oriental Bank of Commerce, Karnal and Bank of Baroda, Karnal. 1.4 That FIR alleged the company in criminal conspiracy with Surender Kumar Ranga, the dealing officer of the OBC, Maharana Pratap Chowk, Karnal, has defrauded the bank by opening Foreign Letter of Credits (FLC/LC) in the Bank's book through Finacle and sending SWIFT messages to the corresponding bank. Subsequently, the dealing officer (Surender Kumar Ranga) without having any authority, fraudulently increased the amount of FLC by sending amendment through SWIFT without increasing the amount in Bank's book (i.e Finacie). Bills lodged by the overseas bank against these LCs were confirmed for payment on due date in the SWIFT message. On receiving the claim fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th section 409, 420, 467, 468 & 471 of IPC, U/s 63 C 63D & 43 of IT Act, 2000 and U/s 13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988, before the court of the Ld. Special Judge-CBI, Panchkula against M/s Mahesh Timber Pvt Ltd, registered office at Timber Market, Sadar Bazar, Karnal, Ashok Kumar Mittal, Director of M/s Mahesh Timber Pvt. Ltd, Nisha Mittal, Director of M/s Mahesh Timber Pvt. Ltd. and Surender Kumar Ranga, Senior Manager (Forex Incharge), OBC, Karnal. 2.1 That the PMLA, 2002 is an Act to prevent money laundering as defined under section 3 of PMLA, 2002. Since, offences under section 120 B read with U/s 420, 467 and 471 of Indian Penal Code (IPC) Act and 13 (2) read with 13 (1) (d) of Prevention of Corrupti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 17.03.2020 and statement dated 05.05.2022 of Surender Kumar Ranga, Sr. manager, OBC Bank, M.P. Chowk Karnal, recorded under section 50 of PMLA, 2002. 2.4 That, the property situated at Mansa (Punjab) was purchased by Nisha Mittal w/o Ashok Kumar Mittal, Director of M/s Mahesh Timber Pvt. Ltd. on 05.08.2016 in cash for Rs. 76.50 Lakhs (Rs. Seventy Six Lakhs and Fifty Thousand only) and further (Part of the said property purchased) transferred to Ashok Kumar Mittal, on 09.08.2016 as GIFT without any consideration through transfer deeds for value Rs. 26,42,80,000/-( as stated in deeds). 2.5 That, Nisha Mittal and Ashok Kumar Mittal, both directors of Mahesh Timber have failed to provide the documents substantiate their claim with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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