MATANG SINGH Vs. CBI

JUDGEMENT

(1.) This is a petition under Section 438 read with 482 Cr.P.C., seeking anticipatory bail in RC 219/2014/E/0004/CBI/EO-I under Sections 120B read with 420 IPC and Sections 13(2) read with 13(1)(D) of PC Act. Reply to the petition has been filed.

(2.) Learned counsel for the petitioner also submits that four companies of "Positive" Group (NE Television Pvt. Ltd., M3 Media Pvt. Ltd., Positiv Television Pvt. Ltd. and Mayurath Films Pvt. Ltd.) had availed loan from Canara Bank for expansion of the business in four different loan accounts. The Canara Bank filed four cases before the Debt Recovery Tribunal for recovery of its dues in the year 2011. The parties entered into settlement on 04.03.2013 (Annexure-D of the paper book), One Time Settlement (OTS) was approved by the bank where in all the four loan accounts were settled on payment of Rs. 100 crores towards full and final settlement. However, it was mentioned in One Time Settlement that it would have no bearing on the pending/ongoing criminal case registered by the bank with the CBI i.e. (RC/BD1/2011/E/007 dated 21.06.2011 under Sections 120B/420/468/471 IPC) and the said case is pending before learned ACMM, Patiala House Courts, New Delhi. Pursuant to the said settlement, a joint compromise application was filed before the Debt Recovery Tribunal-II, Delhi along with One Time Settlement and the same was accepted vide order dated 12.03.2013. The claims as per the settlement were satisfied and the suit filed by the bank was disposed of. Thereafter (Canara Bank issued NOCs (copies of NOCs are Annexure-F of the paper book).

(3.) Learned counsel for the petitioner further submits that after more than one year, the bank lodged a complaint dated 26.03.2014 on the basis of which present case was registered on 28.05.2015.