KAILASH MOHAN MEHTA Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) Through the instant petition, as cast under Sec. 438 of the Cr.P.C., the petitioner, who is alleged to be 'Director' of SRS Retreat Services Limited, craves for him being granted the relief of anticipatory bail, in Criminal Complaint No.17 of 2021, titled as 'Serious Fraud Investigation Office Vs. SRS Limited and others'.

(2.) The principal cause behind the petitioner rushing to this Court, is the issuance of warrants of arrest against him in the complaint (supra), owing to his non-appearance before the learned Special Judge concerned, despite him being summoned vide order dtd. 16/8/2021.

(3.) Though the learned counsel for the petitioner, in his beseeching the grant of relief (supra), has made manifold arguments, however, the essence of his arguments is embedded in the petitioner being safeguarded by the provisions of Sec. 2(76) of the Companies Act, 2013. By taking shelter under this Sec. , he has argued that when the complaint (supra) does not make even any slightest disclosure, as to which company, recital whereof is allegedly not made by the petitioner in the financial statement(s) concerned, falls in the domain of 'related party' with SRS Retreat Services Limited, therefore, for want of any cogent material, the petitioner cannot be prosecuted or punished.