* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 11^th November, 2024 + CRL.M.C. 3146/2022 & CRL.M.A. 13287/2022 SANJAY AGGARWAL .....Petitioner Through: Mr. Naveen Malhotra and Mr. Ritvik Malhotra, Advocates versus DIRECTORATE OF ENFORCEMENT .....Respondent Through: Mr. Anupam S Sharma, Special Counsel, ED along with Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr.

Vashisht Rao, Advocates with Mr. Syamantak Modgil, AD (Through VC)

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1993 (hereinafter “CrPC”) (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) has been filed on behalf of the petitioner seeking the following relief:

―a. That This Hon‘ble court may be pleased to set aside the Order dated – 07.04.2022 passed by the court of Ms. Kiran Gupta Asj-03 Northwest district Rohini Courts Delhi, as well as pass necessary directions for returning the file to the respondents as complaint has been filed without completing/concluding the investigation and also pass necessary directions for discharge of the accused no. 3 in cc no. 01/15 dated 15.12.2015 title Assistant Director, Enforcement Signature Not Verified Digitally Signed By:PRAVEENCRL.M.C. 3146/2022 Page 1 of 28 Directorate vs. Kamal Kalra and Ors. for the offences under section

3& 4 of PMLA and section 71 of the act ibid.‖

2. The brief facts that led to the filing of the instant petition are that on the basis of a complaint received from DGM, Bank of Baroda dated 24^th September, 2015, Central Bureau of Investigation (hereinafter “CBI”) registered an FIR bearing No. RC.BD1/2015/E/0009 dated 9^th October, 2015 against 59 current account holders (proprietor/director/partner of the 59 firms/companies) and other unknown bank officials/private persons for commission of the offences under Sections 420/120B of the Indian Penal Code, 1860 (hereinafter “IPC”) read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter “PC Act”).

3. It is stated in the above-mentioned complaint that during the internal audit carried out by Zonal Internal Audit Division (ZIAD) of Bank of Baroda, New Delhi at their Ashok Vihar Branch, certain serious irregularities were observed/reported pertaining to foreign exchange transactions in current accounts of various firms/companies amounting to approximately Rs. 6,000 Crores. It was further revealed during the audit that huge amount of advance import remittances were sent from the newly opened accounts without ensuring compliance of banking guidelines.

4. On the basis of the FIR/RC registered by the CBI, an ECIR No. DLZO/20/2015 was recorded on 9^th October, 2015 by the respondent Directorate of Enforcement (hereinafter “ED”) for investigation under the provisions of Prevention of Money Laundering Act, 2002 (hereinafter “PMLA”).

Signature Not Verified Digitally Signed By:PRAVEENCRL.M.C. 3146/2022 Page 2 of 28

5. It is stated that during the course of investigation by the ED, search operations were conducted under Section 17 of the PMLA and arrests were made under Section 19 of the PMLA. Various incriminating documents were gathered and examined, and statements of the various accused and witnesses were recorded under Section 50 of the PMLA.

6. Upon conclusion of the investigation, prosecution complaint under the PMLA was filed on 11^th December, 2015 for the commission of offences under Section 3/4 of the PMLA against several persons including the petitioner herein and the cognizance was taken by learned Special Judge/Trial Court/Court concerned vide order dated 11^th December, 2015 which is disputed by the petitioner in the present petition.

7. Subsequently, first supplementary complaint was filed against one Mr. Rajeev Wadhwa before learned Special Judge/Trial Court on 29^th March, 2016 for the commission of offences under Sections 3/4 of the PMLA. Pursuant to the same, second supplementary complaint