RAJNISH BHATNAGAR
Sai Chandrasekhar – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
1. By way of this order, I shall dispose of the present petition filed under Section 439 Cr.P.C. on behalf of the petitioner for grant of regular bail in case ECIR/02/DZCR/2019 dated 26.02.2019 U/s 3/4 PMLA, 2002.
2. Briefly stated the facts of the case are that on 13.12.2014, FIR no. 136 was registered by Economic Offence Wing (EOW) on the complaint of M/s Hassad Netherland, BV against Virkaran Avasthi, Ritika Avasthi, Namit Arora, Vinod Sirohi and Rahul Rai Surana for offence U/s 409/420 and 120B IPC for deliberately manipulating/falsifying stocks, inventories of M/s Bush Foods Pvt. Ltd which resulted in huge account fraud of approximately Rs. 1000 crore.
3. The FIR was lodged on the grounds that M/s Bush Foods incorporated under Companies Act on 29.07.2005 having its office at DLF South, Saket, New Delhi, was engaged in business of procuring, processing etc. and dealing with all kinds of rice and value added rice products etc. The company was originally promoted by Mr. Virkaran Avasthi and his wife Mrs. Ritika Avasthi. Mr. Virkaran Avasthi was Managing Director of company and in-charge of affairs of company.
4. In 2011, Standard Chartered Private Equity (SCPE) acquired 29
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State v. Capt. Jagjit Singh AIR 1962 SC 253
Gurcharan Singh v. State (Delhi Admn.) (1978) 1 SCC 118
Ram Govind Upadhyay v. Sudarshan Singh (2002) 3 SCC 598
Kalyan Chandra Sarkar v. Rajesh Ranjan and another (2004) 7 SCC 528
Niranjan Singh and another V. Prabhakar Rajaram Kharote and others (1980) 2 SCC 559
SFIO Vs. Nittin Johari & Anr. (2019) 9 SCC 165
Devi Dass Gopal Krishnan Etc. Vs. State of Punjab & Ors. (1967) 3 SCR 557
Cheviti Venkanna Yadav Vs. State of Telengana (2017) 1 SCC 283
Union of India Vs. Hassan Ali 2011 10 SCC 235
Gautam Kundu Vs. Directorate of Enforcement 2015 16 SCC 1
State of Gujarat Vs. Mohanlal Jitmalji Porwal (1987) 2 SCC 364
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