Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2014 (9) TMI 1295

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ing respondent nos. 1 to 4 to conduct a fair and speedy investigation in connection with FIR no. 389 of 2012, titled as State vs Sanjay Minocha and others, lodged at police station, Kotwali, District Dehradun. The petitioner also seeks to issue appropriate direction commanding the respondent nos. 1 to 4 to see that proper and thorough investigation is conducted on the allegations contained in the complaint filed by the bank on 01.08.2012, which led to the registration of the aforesaid FIR, as expeditiously as possible. The petitioner further seeks respondent no. 1 to 4 to take immediate action against all the accused persons ensuring their physical presence; direct respondent no. 3 to issue appropriate instructions to the clearing house for .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ans of pay order no. 157752 dated 15.05.2012 for Rs. 4 crore. Similarly, another sum of Rs. 4 crore was transferred to the account of Vijay Kushwaha maintained with Oriental Bank of Commerce, Nirdhan Niketan, Kharkhadi Branch, Haridwar by means of pay order no. 157753 dated 15.05.2012. Sanjay Minocha and his family members were keeping deposits with UCO Bank. The money deposited with UCO Bank emanated from the fraudulent transactions which took place in South Indian Bank. A request was made to UCO Bank to freeze the deposits in the name of Sanjay Minocha and his family members. A request was also made to the banks concerned to freeze operations of all accounts in the name of Sanjay Minocha and Vijay Kushwaha and their family members and ass .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cated account statements were given to them concealing the fraudulent transactions. The misappropriated funds were transferred to different accounts of Sanjay Minocha and Vijay Kushwaha. This was disclosed by the officers of the bank who were involved in the fraud. The amount involved in the fraud / misappropriation was worth Rs. 34.18 crore. The fraud and forgery were committed by the then Branch Manager Manoj Kumar R alongwith ex-Additional Manager Jacob Kavoor in conspiracy, collusion and connivance of the aforesaid Sanjay Minocha and Vijay Kushwaha. Manoj Kumar R and Jacob Kavoor accepted their involvement in the fraud and gave a letter to that effect to the Bank. 6) Learned counsel for the parties drew the attention of this Court towa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , prima facie, I am of view that civil police would not be in position to investigate the matter in hands and investigation should be carried out by the CBI. Therefore, let response be called from CBI as to why investigation be not handed over to the CBI within four weeks. Mr. Arvind Vashisht, Advocate for the CBI, has accepted notice on behalf of CBI. Learned counsel for the parties are directed to make available the photocopies of record to Mr. Arvind Vashisth, learned counsel for the CBI within a week. Let copy of this order be placed on each connected file." 7) Accordingly, an affidavit was filed on behalf of the CBI. Learned counsel for CBI stated that CBI is not averse to the proposal of handing over the investigation to it .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates