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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Dinesh Kumar – Appellant
Versus
Serious Fraud Investigating Office – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
Through the instant petition, as cast under Section 438 of the Cr.P.C., the petitioner, who is alleged to be "Director" of Lisbon Facilities Services Limited, craves for him being granted the relief of anticipatory bail, in Criminal Complaint No. 17 of 2021, titled as "Serious Fraud Investigation Office Vs. SRS Limited and others".
2. The principal cause behind the petitioner rushing to this Court, is the issuance of warrants of arrest against him in the complaint (supra), owing to his non-appearance before the learned Special Judge concerned, despite him being summoned vide order dated 16.08.2021.
3. Though the learned counsel for the petitioner, in his beseeching the grant of relief (supra), has made manifold arguments, however, the essence of his arguments is embedded in the petitioner being safeguarded by the provisions of Section 2(76) of the Companies Act, 2013. By taking shelter under this Section, he has argued that when the complaint (supra) does not make even any slightest disclosure, as to which company, recital whereof is allegedly not made by the petitioner in the financial statement(s) concerned, falls in the domain of "related party" with Li
Anticipatory bail in economic offences requires stringent scrutiny; the petitioner failed to demonstrate immunity from liability under the Companies Act due to involvement in falsified financial stat....
(1) Anticipatory bail – Anticipatory bail should not be granted as a matter of routine, particularly in serious economic offences, involving large scale fraud, public money or complex financial crime....
The main legal point established in the judgment is that the court considered the civil nature of the dispute, the filing of a company petition, and the absence of misuse of anticipatory bail in gran....
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