2025 INSC 477 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (@ SPECIAL LEAVE PETITION (CRIMINAL) NO. 13956 of 2023)

SERIOUS FRAUD INVESTIGATION OFFICE …. APPELLANT(S)

VERSUS ADITYA SARDA .…RESPONDENT(S)

WITH CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 14033 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 15318 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 15322 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 13960 OF 2023 Signature Not Verified NITIN TALREJA Date: 2025.04.09 Reason:

CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 15326 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 15333 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 14128 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 13965 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 13975 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 13983 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 13976 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 13971 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NOS.13973-13974 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 15311 OF 2023 CRIMINAL APPEAL NO. OF 2025 (@ SLP (CRL.) NO. 13978 OF 2023 J U D G M E N T BELA M. TRIVEDI, J.

1. Leave granted.

2. This batch of sixteen Appeals being interconnected with each other and arising out of the proceedings being CIS No. COMA/5/2019 pending before the Special Judge, Gurugram, are being decided by this common judgment.

3. In these cases, there is a brazen attempt made on the part of the respondents-accused to stall the criminal proceedings initiated against them, in respect of the serious economic offences allegedly committed by them, by not respecting the summons/warrants issued by the Special Court from time to time and thereby causing obstruction in the administration of justice. A few basic common facts necessary for deciding the present appeals may be stated as under:

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(i) The Appellant i.e. Serious Fraud Investigation Office (SFIO) is a statutory body constituted and established under Section 211 of the Companies Act of 2013. The Ministry of Corporate Affairs (MCA) vide the order dated 20.06.2018 in exercise of its powers conferred under Section 212(1)(c) of the Companies Act, 2013 and Section 43(2) and (3)(c)(i) of Limited Liability Partnership Act, 2008 directed the SFIO to inquire and investigate into the affairs of 125 Companies of Adarsh Group (hereinafter referred to as “CIUs”). On 25.02.2019, the MCA further ordered to investigate into the affairs of

20 other companies and two persons.

(ii) On 09.05.2019, the SFIO, on completion of the investigation submitted an Investigation report to the MCA recommending prosecution against the respondents for the various offences under the Companies Act (1956 and 2013) and of the IPC. Accordingly, on 18.05.2019, a Criminal Complaint being COMA/5/2019, came to be filed by the SFIO in the Special Court at Gurugram impleading 181 Accused including the respondents in the instant Appeals, under Section 439(2) read with Section 436(1)(a), (d) and (2) read with Section 212 of the Companies Act, 2013, read with Section 621(1) of the Companies Act, 1956, read with Section 50 of the Limited Liability Partnership Act, 2008, read with Section 193 of the Code of Criminal Procedure, seeking taking of cognizance and prosecution of the Accused named therein for the offences committed by them jointly and severally, under the various provisions of the Companies Act and the Indian Penal Code as mentioned therein.

(iii) It has been alleged in the complaint that one Adarsh Credit Cooperative Society Limited (ACCSL) was a Multi-State Credit Cooperative Society, founded by one Mukesh Modi, and was managed and controlled by him and his family and his associates.

(iv) The said society accepted the deposits from its members, who were mostly low to middle income individuals. The ACCSL had 800+ branches, 20 lakhs members, 3.7 lakhs advisors and Rs.9253 cro