H.B. CHATURVEDI Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973 ("Cr PC") filed by the Petitioner, H.B. Chaturvedi, seeking transfer of 11 cases initiated against the Petitioner by Respondent No. 2, Central Bureau of Investigation ("CBI") and three cases by Respondent No. 1, State through Delhi Police ("DP"), to a single Court.

(2.) The Petitioner is stated to be 81 years old. The principal allegation against the Petitioner is that in connivance with the other accused, who are Respondent Nos. 3 to 22 in the petition, he caused financial losses to the banks and financial institutions by availing loans on fabricated documents and by committing fraud. According to the Petitioner, in the cases initiated by the CBI, the principal allegation is of availing of loans from the banks by the companies, and their directors, who are accused, by submitting false and bogus invoices. The further allegation is that the loans taken were for paying money to the non-existent supplier companies against the purported supply of machinery under the Term Loan facilities. Subsequently, the funds were further diverted from the fictitious/non-existent companies to the account of the Shamken Group of Companies.

(3.) The Petitioner has placed on record a chart showing the details of 11 CBI cases and three other criminal cases, i.e., FIR No. 702 of 2004 registered at Police Station ("PS") Badarpur, FIR No. 89 of 2005 registered at PS Mandir Marg, and FIR No. 368 of 2006 registered at PS Okhla. The common offences in these fourteen cases are under Sections 120B, 420, 468 and 471 IPC apart from Sections 406, 409, 467, 511 IPC. In four of the CBI cases, since the allegations are against the bank officials as well, the offence under Sections 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 ("PC Act") has also been added.