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2023 Supreme(Bom) 1221

SUNIL B. SHUKRE, M. M. SATHAYE
Dhyan Investments & Trading Company Ltd. – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Desai, Senior Advocate, with Mr. Dinesh Purandare, Mr. Firdosh Pooniwalla, Mr. Ravi Gandhi, Mr. M.A. Kamdar, Mr. Rashmin Jain, Mr. Karan Thakkar and Mr. Prathamesh Jadhav, i/by Kanga & Co.
For the Respondent: Mr. Limosin A., with Mr. H.S. Venegavkar, Mr. K.V. Saste, Ms. Aarti Shah, with Mr. Ramesh Rajput, i/by Mulla & Mulla & Craigie Blunt & Caroe,

JUDGMENT :

SUNIL B. SHUKRE, J.

1. This is a petition invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing and setting aside of the charge-sheet filed and Charge framed in Special Case No.2 of 1998 against the petitioners. The facts leading to filing of the present petition are stated in brief as under :

    (i) The petitioner no.1 is a company registered under the Companies Act, 1956 and petitioner no.2 is an individual, who would take care of the transactions of petitioner no.1. The petitioners are accused nos.3 and 4, respectively, in Special Case No.2 of 1998 filed before the Special Court constituted under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, (hereinafter called as “Special Court Act:”, for short). Respondent no.1 is the informant in Special Case No.2 of 1998, which registered the FIR against the petitioners and other accused persons at the behest of Respondent no.3 – Canbank Financial Services Ltd., (hereinafter called as “CANFINA Services”, for short), a company to whom the alleged financial loss, on account of fra

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