ASHOK KUMAR GARG Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Sri Rishad Murtaza, the learned counsel for the applicant, Sri Anurag Kumar Singh, the learned counsel for the CBI and perused the record.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicant has prayed for quashing of the cognizance order and the summoning order dtd. 27/1/2023 and the entire proceedings of Criminal Case No. 126506 of 2022 arising out of FIR No. RC2(E)/2022/CBI/SCB/Lucknow, under Ss. 120B, 420, 406 I.P.C., P.S. CBI/SCB/Lucknow, pending in the Court of the learned Special Judicial Magistrate, CBI (Pollution), Lucknow and to quash the order dtd. 28/2/2023 whereby non-bailable warrants have been issued against the applicant.

(3.) On 16/3/2022, a Deputy General Manager of Small Industries Development Bank of India (SIDBI) sent a complaint to the CBI against 10 named persons and some unknown persons, stating that M/s JML Marketing Pvt. Ltd., through its promoter Kimti Lal Arora, had obtained a loan from the Bank by offering collateral security of a property of co-accused persons Rajinder Chawla and Varinder Chawla situate at Ambala Cantt. Being situated in cantonment area, the property could not have been mortgaged, as the guarantors had merely occupancy rights in respect of the property and they did not own the property.