ABRAHAM GEORGE Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) These applications have been filed under Sec. 438 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking grant of Anticipatory Bail in CC No. 272/2022 titled Serious Fraud Investigation Office v. Dura Line India Pvt. Ltd. (DIPL) and Ors. pending before the Court of the learned Additional Sessions Judge-03, Special Court (Companies Act), South-West District, Dwarka Courts, New Delhi (hereinafter referred to as the 'Trial Court'). As almost similar submissions have been made by the learned counsels for the Applicants, these applications are being disposed of by this common judgment.

(2.) The above complaint has been filed by the respondent herein under Sec. 439(2) read with Sec. 436 (1)(a), (d) and Sec. 436 (2) read with Sec. 212 (6) and Sec. 212(15) of the Companies Act, 2013 (hereinafter referred to as the 'Act') read with Sec. 193 of the Cr.P.C., on which, by an Order dtd. 16/7/2022 passed by the learned Trial Court, the Applicant(s) herein has been summoned as an accused for offence under Ss. 447 and 448 read with Ss. 447, 449, 96 read with Sec. 99; Sec. 135 read with Sec. 450 of the Act as far as Applicants Abraham George and Mahendra Gambhir are concerned, and Ss. 447 and 448 read with Sec. 447 of the Act as far as the Applicant Yogesh Sudhanshu is concerned. Submissions of the Learned Counsel for the Respondent:

(3.) The learned counsel for the respondent raised a preliminary objection on the maintainability of the present applications. He submits that as the Applicant(s) has been summoned on a complaint filed by the respondent before the learned Trial Court, an application under Sec. 438 of the Cr.P.C. by the Applicant(s) would no longer be maintainable; the only remedy available to the Applicant(s) is to apply for Bail under Sec. 439 of the Cr.P.C.