(1.) CBI registered FIR bearing no. RC/BD1/2006/E/009 at P.S. CBI/BS/FC Delhi under Sec. 409/420/467/468/471/120B of the Indian Penal Code, 1860 (hereinafter referred to as'IPC') on the basis of the complaint made by the petitioner/National Agricultural Co-operative Marketing Federation of India Limited (hereinafter referred to as'NAFED') through Alok Ranjan, Managing Director vide D.O. letter No. HO/BIG/81/3RDCLC/2006-07 dtd. 7/8/2006 against the respondent no.3, O.P. Aggarwal and others for causing wrongful loss to NAFED to the extent of more than Rs.250.00 crores.
(2.) The charge-sheet, as per Sec. 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as'the Code'), was filed on 24/12/2019 and the trial is pending before the concerned Court. The charges were ordered to be framed vide order dtd. 8/8/2018 for offences as detailed in order dtd. 8/8/2018. The respondent no.2 was not implicated as one of the accused in the FIR and there was no direct or indirect allegation made against the respondent no.2 in the charge sheet. The respondent no.3 and O.P. Aggarwal were charged for commission of offences punishable under Sec. 420 IPC read with Sec. 120B IPC, offences punishable under Sec. 468/471 IPC read with 120B IPC and for the substantive offence of Sec. 120B IPC.
(3.) The CBI (hereinafter referred to as'respondent no.1'), during the investigation, conducted a search on 18/1/2007 at the office of M/s Earthtech Enterprises Limited (hereinafter referred to as'the respondent no.3') bearing no. 39, Sadhna Enclave, New Delhi and seized certain documents including documents pertaining to M/s Bayswater Enterprises Limited (hereinafter referred to as'the respondent no.2') which included the D-MAT accounts bearing no. 10025232 with M/s Star Finvest Limited and 10612215 with M/s Religare Securities Limited. It was also revealed that the respondent no.2 and the respondent no.3 were having their offices at the same premises bearing no. 39, Sadhna Enclave, New Delhi. The respondent no.1/CBI also recorded the statement of Mahaveer Prasad Mishra under Sec. 161 of the Code who stated that he was looking after the accounts of the respondent no.3 and its sister concern i.e., the respondent no.2 and was shown as one of the directors of the respondent no.3. It was also stated that O.P. Aggarwal, who is one of the accused in the above mentioned FIR, was looking after the work of the respondent no.3 and his son was the authorized signatory of the respondent no.2. It was also found that the respondent no.2 and the respondent no.3 were having their accounts at HDFC Bank, Panchsheel Park. It appeared that there was a direct nexus between the respondent no.2 and the respondent no.3.