IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL PETITION Nos.2605 of 2025 & 2607 of 2025
Dated : 09.01.2026
Criminal Petition No.2605 of 2025: Om Prakash Sharma (Petitioner/Accused No.16) vs The Directorate of Enforcement (Respondent)
Criminal Petition No.2607 of 2025: Manoj Baser @ Manoj Kumar Baser (Petitioner/Accused No.9) vs The Directorate of Enforcement (Respondent)
1. Criminal Petition No.2605 of 2025 is filed by the petitioner/accused No.16 and Criminal Petition No.2607 of 2025 is filed by the petitioner/accused No.9 seeking to quash the proceedings in PMLA SC No.264 of 2022 on the file of the learned Metropolitan Sessions Judge-cum-Special Court under the Prevention of Money Laundering Act (PMLA), 2002 (hereinafter referred to as “trial Court”) against them.
2. Heard Sri T.Srikanth Reddy, learned counsel representing Sri V.Vijaya Rama Raj, learned counsel for the petitioners in both the matters and Sri Anil Prasad Tiwari, learned Standing Counsel for the respondent/Enforcement Directorate.
3. The brief facts of the case of the prosecution are as follows :
(a) On the basis of 3 FIRs/complaints lodged by State Bank of India and erstwhile Corporation Bank (now Union Bank of India), it is alleged that PCH Group companies through their Directors Shri Balvinder Singh and Smt.Baljit Kaur, in criminal conspiracy with others obtained bank loans and cheated the bank by siphoning of the loan amounts. The accounts of the Directors were reported as fraud and they have inflated value of the stocks while submitting the stock statements. The Directors also availed various credit facilities by submitting false statements, they conspired with the other accused and diverted the credit to various fictitious companies which were floated by them and co-conspirators. Thus, there was alleged to be a loss of Rs.19.77 Crore to the bank. The Director Sri Balvinder Singh also tried to create a fabricated evidence that the name reflected in RBI defaulters’ list was not him, which was verified to be wrong. The accused diverted and siphoned off the loan funds through shell and fictitious companies, rotated the funds through multiple bank accounts and utilised the same for personal enrichment, thereby causing wrongful loss to banks.
(b) CBI has registered and investigated the scheduled offences and has filed charge-sheet on 03.05.2017 vide CC No.5231 of 2017 pertaining to FIR No.RC 10/E/2014-CBI-EOW dated 13.11.2014 registered by CBI, EOW, Chennai for the offences under Section 120-B read with Section 420 and 468 of IPC and Section 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 which are scheduled offences under the PMLA. Investigation pertaining to FIR No.RC 1/E/2019-CBI/BS&FC/BLR dated 11.03.2019 and FIR No.RC 10(E) 2017/CBI/EOW/Chennai dated 15.12.2017 are pending and the charge-sheets are yet to be filed. Complaint dated 24.07.2019 lodged by SBI, Stressed Assets Management with the CBI, BS and FC Bengaluru and another complaint dated 19.06.2020 lodged by Union Bank of India with CBI, EOW, New Delhi are pending investigation. On the basis of FIR No.RC 10/E/2014-CBI-EOW dated 13.11.2014 registered by CBI, EOW, Chennai, the Enforcement Directorate recorded ECIR No.ECIR/HYZO/08/2015 dated 13.08.2015 and initiated investigation under the PMLA.
(c) Various FIRs registered by predicate agencies after recording of the ECIR were merged in this file as most of the main accused and modus operandi of fraud and the ultimate beneficiaries of the proceeds of crime in these FIRs were same.
(d) The investigation revealed that PCH Group companies availed multiple loans from various banks on the basis of false and fabricated documents, which subsequently turned into NPAs. Enquiries with banks established total outstanding dues of Rs.747.59 crore, which was equal to the cumulative NPA resulting out of the fraud allegedly perpetrated by the accused persons. The said amount of Rs.747.59 Crore comprised of Rs.285.32 crore as principal amount and Rs.462.27 crore as interest outstanding, which constitute “proceeds of crime” under the PMLA.
(e) During investigation, substantial evidence including bank records, loan documents and statements recorded under Section 50 of the PMLA were collected, establishing diversion, layering and rotation of loan funds through s
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