Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 16
Filing Date: Fri, 13 Jul 2018
Order Date: Thu, 18 Nov 2021
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
CNR No. DLCT11-000452-2019 CRC No. 01/2019 (Old CRC No. 08/18) ECIR No. 12/DLZO/2014 Branch: Delhi Zonal Office, Zone-II. ED Vs. M/s Jindal Steel & Power Ltd & Ors. Offence u/s 3 and punishable u/s 4 PMLA, 2002
Vide office order No. Power Gaz/RACC/2021/25523-25622-C dated 29.10.2021 of Ld. Principal District & Sessions Judge-cum-Special Judge (PC Act), CBI, Rouse Avenue Court Complex, New Delhi, the undersigned is directed to hold physical court today.
The hearing of the present matter is being taken up in hybrid form i.e. physically as well as via Cisco WebEx Platform (on the request of Ld. Prosecutor/Counsel) in the presence of:
Ms. Seetha Palagummi Balu, Ms. Javvaji Spandana and Sh. K. Tirumala Rao are present in person in connected matter (CC No. 248/2019).
A-12 Sh. Rajeev Aggarwal along with Ld. Counsel Sh. Siddhesh Kotwal (through VC).
Sh. Anshuman Nandi, Ld. Counsel for applicant/accused No. 12 Sh. Rajeev Aggarwal in person.
Vide present application, applicant/accused no. 12 seeks permission to visit Phoenix, Arizona USA from 09.12.2021 to 07.01.2022 for the purpose of meeting his son.
The applicant/accused no. 12 has mentioned in his application, the details of present whereabouts of his son in USA.
Reply to aforesaid application has been filed on behalf of ED. Copy has already been supplied to Ld. Counsel for A-12 Sh. Rajeev Aggarwal.
It has been mentioned in the reply that trial proceedings in the present matter shall commence and the presence of applicant/accused no. 12 Sh. Rajeev Aggarwal shall be required before this court. It is also mentioned in the reply that there is an apprehension that the applicant/accused may misuse the permission and it is presumed that the applicant/accused may flee to avoid trial.
A perusal of records shows that the accused has traveled abroad several times in the past and returned to India to face the trial within the stipulated period.
In the facts and circumstances of the case, the applicant/accused is entitled to permission of the Court to travel Phoenix, Arizona USA from 09.12.2021 to 07.01.2022.
The conditions for this permission shall be as under:-
The application is accordingly disposed of.
Present application has been preponed for today from 29.11.2021 as same application is listed before this Court in connected matter of CBI vs M/s JSPL having CC No. 248/2019.
Today, Ms. Seetha Palagummi Balu, Ms. Javvaji Spandana and Sh. K. Tirumala Rao are present. Whereas, Ms. Javvaji Spandana and Sh. K. Tirumala Rao has stated that they are not even aware that they are directors in this company being illiterate persons, Ms. Seetha Palagummi Balu has stated that she was Director only for namesake and has never attended the meeting of Board of Directors of A-5 M/s SML. Signed photocopies of their photo identity proof filed on record.
It has been submitted by Ld. ALA that Sh. Madhusudan Rao Manikonda be not discharged unless and until any new AR is substituted for A-5 M/s SML.
It has been submitted by Ld. Counsel Ms. Filza Moonis that Sh. Madhusudan Manikonda Rao has been removed from the Board of Directors in the year 2019 so he be discharged as AR of A-5 M/s SML.
Considered.
It is relevant to note the provisions of Section 305 of Cr.PC, which are as under:-
'305. Procedure when corporation or registered society is an accused. Right of person against whom proceedings are instituted to be defended.
of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined.
The purpose of securing personal presence of all the directors of the company in the court was to find out from them that as Madhusudan Manikonda Rao, AR of the company is seeking to be discharged as the AR of A-5 M/s SML, who would be the AR of the company in his place. However, the present directors have expressed their helplessness in this matter for the reasons recorded above.
Sh. Madhusudan Manikonda Rao was appointed the AR of the company by the Board of Directors of A-5 M/s SML. In case he wants to be relieved of this responsibility, he has to approach the board of directors of the company.
Ld. Counsel requested that she be discharged from this case. The Ld. Counsel is at liberty to file suitable application in this regard.
Put up on date fixed i.e. 25.11.2021.
(Arun Bhardwaj) Special Judge, (PC Act) (CBI), Coal Block Cases-01, RADC New Delhi/18.11.2021.
CNR No. DLCT11-000452-2019
CRC No. 01/2019 (Old CRC No. 08/18)
ECIR No. 12/DLZ0/2014
Branch: Delhi Zonal Office, Zone-ll.
ED Vs. M/s Jindal Steel & Power Ltd & Ors.
Offence u/s 3 and punishable u/s 4 PMLA, 2002
Vide office order No. Power Gaz/RACC/2021/25523-25622-C dated
29.10.2021 of Ld. Principal District & Sessions Judge-cum-Special Judge (PC
Act), CBI, Rouse Avenue Court Complex, New Delhi, the undersigned is
directed to hold physical court today.
The hearing of the present matter is being taken up in hybrid form
i.e. physically as well as via Cisco WebEx Platform (on the request of Ld.
Prosecutor/Counsel) in the presence of:
18.11.2021
Present: Ld. Counsel Sh. Rajesh Batra along with Ld. Special PP Sh. N.K.
Matta along with lO AD Arun Kumar (all through VC).
Ms. Seetha Palagummi Balu, Ms. Javvaji Spandana and Sh. K.
Tirumala Rao are present in person in connected matter (CC No.
248/2019).
A-12 Sh. Rajeev Aggarwal along with Ld. Counsel Sh. Siddhesh
Kotwal (through VC).
Sh. Anshuman Nandi, Ld. Counsel for applicantiaccused No. 12
Sh. Rajeev Aggarwal in person.
TRAVEL ABROAD ON BEHALF OF THE APPLICANT/IACCUSED NO. 12 SH.
RAJEEV AGGARWAL.
Vide present application, applicant/accused no. 12 seeks permission
to visit Phoenix, Arizona USA from 09.12.2021 to 07.01.2022 for the purpose of
meeting his son.
The applicant/accused no. 12 has mentioned in his application, the
details of present whereabouts of his son in USA.
Reply to aforesaid application has been filed on behalf of ED. Copy
has already been supplied to Ld. Counsel for A-12 Sh. Rajeev Aggarwal.
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It has been mentioned in the reply that trial proceedings in the
present matter shall commence and the presence of applicant/accused no. 12 Sh.
Rajeev Aggarwal shall be required before this court. It is also mentioned in the reply
that there is an apprehension that the applicant/accused may misuse the permission
and it is presumed that the applicant/accused may flee to avoid trial.
A perusal of records shows that the accused has traveled abroad
several times in the past and returned to India to face the trial within the stipulated
period.
In the facts and circumstances of the case, the applicant/accused is
entitled to permission of the Court to travel Phoenix, Arizona USA from 09.12.2021 to
07.01.2022.
He shall furnish FD for a sum of Rs. 5,00,000/- (Five Lakhs
Only)
He shall inform to the IO and the Court about his arrival in
India mentioning the details of the places visited by him
alongwith the other details of the itinerary within seven days of
his arrival. The applicant/accused shall also file complete copy
of his passport alongwith the copy of Visa in the Court on his
return.
He shall not tamper with the evidence nor try to influence any
witness in any manner and will not use the permission granted
to him so as to hamper the trial in any manner.
This permission shall be subject to other applicable rules
and is not a direction to any authority except the
permission from the side of the Court.
His Advocate Sh. Siddhesh Kotwal shall undertake to accept
notice from the Court/IO, if any, on behalf of the applicant in
his absence and shall further undertake that in case the
presence of applicant is required during the aforesaid period
he shall immediately intimate the applicant and the applicant
shall return to India within 48 hours.
He shall intimate the Court about his contact addresses where
he would be staying and his contact numbers.
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MANIKONDA FROM BEING AUTHORIZED REPRESENTATIVE OF ACCUSED NO.
5 M/S SOWBHAGYA MEDIA LTD.
Present application has been preponed for today from 29.11.2021 as
same application is listed before this Court in connected matter of CBI vs M/s JSPL
having CC No. 248/2019.
Today, Ms. Seetha Palagummi Balu, Ms. Javvaji Spandana and Sh. K.
Tirumala Rao are present. Whereas, Ms. Javvaji Spandana and Sh. K. Tirumala Rao
has stated that they are not even aware that they are directors in this company being
illiterate persons, Ms. Seetha Palagummi Balu has stated that she was Director only
for namesake and has never attended the meeting of Board of Directors of A-5 M/s
SML. Signed photocopies of their photo identity proof filed on record.
It has been submitted by Ld. ALA that Sh. Madhusudan Rao Manikonda
be not discharged unless and until any new AR is substituted for A-5 M/s SML.
It has been submitted by Ld. Counsel Ms. Filza Moonis that Sh.
Madhusudan Manikonda Rao has been removed from the Board of Directors in the
year 2019 so he be discharged as AR of A-5 M/s SML.
It is relevant to note the provisions of Section 305 of Cr.PC, which are
as under:-
“305. Procedure when corporation or registered society is an accused.
Right of person against whom proceedings are instituted to be
defended.
(1) In this section," corporation" means an incorporated company or
other body corporate, and includes a society registered under the
Societies Registration Act, 1860 (21 of 1860 ).
(2) Where a corporation is the accused person or one of the accused
persons in an inquiry or trial, it may appoint a representative for the
purpose of the inquiry or trial and such appointment need not be
under the seal of the corporation.
(3) Where a representative of a corporation appears, any
requirement of this Code that anything shall be done in the presence
Page 3 of 4
of the accused or shall be read or stated or explained to the
accused, shall be construed as a requirement that that thing shall be
done in the presence of the representative or read or stated or
explained to the representative, and any requirement that the
accused shall be examined shall be construed as a requirement that
the representative shall be examined.
(4) Where a representative of a corporation does not appear, any
such requirement as is referred to in sub- section (3) shall not apply.
(5) Where a statement in writing purporting to be signed by the
managing director of the corporation or by any person (by whatever
name called) having, or being one of the persons having the
management of the affairs of the corporation to the effect that the
person named in the statement has been appointed as the
representative of the corporation for the purposes of this section, is
filed, the Court shall, unless the contrary is proved, presume that
such person has been so appointed.
(6) If a question arises as to whether any person, appearing as the
representative of a corporation in an inquiry or trial before a Court is
or is not such representative, the question shall be determined by
the Court.”
The purpose of securing personal presence of all the directors of the
company in the court was to find out from them that as Madhusudan Manikonda Rao,
AR of the company is seeking to be discharged as the AR of A-5 M/s SML, who
would be the AR of the company in his place. However, the present directors have
expressed their helplessness in this matter for the reasons recorded above.
Sh. Madhusudan Manikonda Rao was appointed the AR of the
company by the Board of Directors of A-5 M/s SML. In case he wants to be relieved
of this responsibility, he has to approach the board of directors of the company.
Ld. Counsel requested that she be discharged from this case. The Ld.
Counsel is at liberty to file suitable application in this regard.
(Arun Bhardwaj)
Special Judge, (PC Act) (CBI),
Coal Block Cases-01, RADC
New Delhi/18.11.2021.
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