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2023 Supreme(Online)(DEL) 3755

HIGH COURT OF DELHI
ASHISH MITTAL – Appellant
Versus
SERIOUS FRAUD INVESTIGATION OFFICE – Respondent


J U D G M E N T

ANUP JAIRAM BHAMBHANI J.

By way of the present petition filed under section 439 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟ for short) read with section 212(6) of the Companies Act, 2013, the petitioner seeks regular bail in criminal complaint case bearing Ct. Case No. 990/2022 filed by the respondent/Serious Fraud Investigation Office („SFIO‟ for short). The criminal complaint alleges offences under sections

420/120B of the Indian Penal Code 1860 („IPC‟ for short), sections 211/628/227/233 of the Companies Act, 1956 („1956 Act‟ for short) and sections 129/447/448 of the Companies Act, 2013 („2013 Act‟ for short).

2. Notice on this petition was issued on 25.01.2023; whereupon reply has been filed by the SFIO by way of counter affidavit dated 03.02.2023. Both parties have also filed their respective written submissions in the matter.

3. The court has heard Mr. N. Hariharan, learned senior counsel and Mr.

Tanveer Ahmed Mir, learned counsel on behalf of the petitioner. The court has also heard Mr. Ajay Digpaul, learned Central Government Standing Counsel on behalf of the SFIO.

BRIEF OVERVIEW

4. M/s. Educomp Solutions Ltd. („ESL‟ for short) was incorporated in the year

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