Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 4
Filing Date: Fri, 13 Jul 2018
Order Date: Wed, 18 Dec 2019
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
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
Present:
Ld. Special PP Sh. Naveen Kumar Matta and Ld. Special PP Ms. Tarannum Cheema for ED along with IO Assistant Director Sh. Arun Kumar.
Sh. Vivek Mittal, AR of A-1 M/s Jindal Steel and Power Ltd in person.
Sh. Ravinder Kumar Manchal, AR of A-2 M/s Gagan Sponge Iron Pvt Ltd in person.
Sh. Madhusudan Rao Madikonda, AR of A-3 M/s Sowbhagya Media Limited in person.
Sh. Chandan Singh Sountiyal, AR of A-4 M/s New Delhi Exim Pvt Ltd in person.
Sh. Rajiv Kumar AR of A-5 M/s Jindal Reality Pvt. Ltd in person.
A-15 B.S.N. Suryanarayan (also AR of A-6 M/s Nihar
Stocks Limited) in person.
A-7 Naveen Jindal in person.
A-8 K. Ramakrishna Prasad is absent.
A-10 Rajeev Jain in person.
A-12 Rajeev Aggarwal in person.
Exemption application seeking exemption from personal appearance for today has been moved on behalf of A-8 K. Ramakrishna Prasad by his Ld. Counsel.
Heard. Allowed only for today.
An application has been moved by IO Assistant Director Sh. Arun Kumar stating therein that 12 weeks time more is required for
completion of further investigation.
It will be pertinent to mention here that after the filing of initial complaint in the present matter on 13.07.2018, cognizance of the offence u/s 3 r/w 4 PMLA, 2002 was taken on 14.08.2018 and accused persons were ordered to be summoned. However, in the initial complaint it was stated that further investigation is carried out and it was assured that same will be shortly completed. However, since then repeatedly time is being sought for submitting report of further investigation. On the last date of hearing i.e. on 09.09.2019 also three months time was sought for submitting report of further investigation and today also 12 weeks time i.e. three months time is being sought for submitting report of further investigation.
Certainly, it is the prerogative of investigating agency to file the report of investigation/further investigation as per its own decision and Court cannot issue any specific direction to the investigating agency to file the same within a given period of time but when the Enforcement Directorate has chosen to file the initial complaint in the Court and it was assured that the report of further investigation will be filed shortly so there is no reason that after the accused persons have been summoned, the matter is simply being adjourned for awaiting report of further investigation despite expiry of 16 months.
In these circumstances, it is accordingly directed that
supervisory officer Joint Director shall appear in person on the next date of hearing with the progress report of further investigation.
Accordingly, matter be now put up on 31.01.2020 for awaiting progress report of further investigation and appearance of Joint Director.
(Bharat Parashar) Special Judge, (PC Act) (CBI),RACC/ND 18.12.2019.
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
18.12.2019.
Ld. Special PP Sh. Naveen Kumar Matta and Ld. Special PP
Ms. Tarannum Cheema for ED along with IO Assistant
Director Sh. Arun Kumar.
Sh. Vivek Mittal, AR of A-1 M/s Jindal Steel and Power Ltd in
person.
Sh. Ravinder Kumar Manchal, AR of A-2 M/s Gagan Sponge
Iron Pvt Ltd in person.
Sh. Madhusudan Rao Madikonda, AR of A-3 M/s
Sowbhagya Media Limited in person.
Ld. Counsel Ms. Filza Moonis for A-3.
Sh. Chandan Singh Sountiyal, AR of A-4 M/s New Delhi
Exim Pvt Ltd in person.
Sh. Rajiv Kumar AR of A-5 M/s Jindal Reality Pvt. Ltd in
person.
Ld. Counsel Sh. Prashant Mehta for A-5.
A-15 B.S.N. Suryanarayan (also AR of A-6 M/s Nihar
Page No. 1 of 4
Ld. Counsel Sh. Rajeev Goyal for A-7.
Ld. Counsel Ms. Filza Moonis for A-8.
A-9 Sushil Kumar Maroo in person.
Ld. Counsel Sh. Shishir Mathur for A-9.
A-11 Anand Goel in person.
Ld. Counsel Sh. Tanmaya Mehta for A-11.
Ld. Counsel Sh. Shakunt Saumitra for A-12.
A-13 Siddharth Madra in person.
A-14 Gyan Swaroop Garg in person.
Ld. Counsel Sh. Hemant Shah for A-14.
Exemption application seeking exemption from personal
appearance for today has been moved on behalf of A-8 K. Ramakrishna
Prasad by his Ld. Counsel.
An application has been moved by IO Assistant Director Sh.
Arun Kumar stating therein that 12 weeks time more is required for
Page No. 2 of 4
It will be pertinent to mention here that after the filing of initial
complaint in the present matter on 13.07.2018, cognizance of the offence
u/s 3 r/w 4 PMLA, 2002 was taken on 14.08.2018 and accused persons
were ordered to be summoned. However, in the initial complaint it was
stated that further investigation is carried out and it was assured that
same will be shortly completed. However, since then repeatedly time is
being sought for submitting report of further investigation. On the last date
of hearing i.e. on 09.09.2019 also three months time was sought for
submitting report of further investigation and today also 12 weeks time i.e.
three months time is being sought for submitting report of further
investigation.
Certainly, it is the prerogative of investigating agency to file
the report of investigation/further investigation as per its own decision and
Court cannot issue any specific direction to the investigating agency to file
the same within a given period of time but when the Enforcement
Directorate has chosen to file the initial complaint in the Court and it was
assured that the report of further investigation will be filed shortly so there
is no reason that after the accused persons have been summoned, the
matter is simply being adjourned for awaiting report of further
investigation despite expiry of 16 months.
In these circumstances, it is accordingly directed that
Page No. 3 of 4
supervisory officer Joint Director shall appear in person on the next date
of hearing with the progress report of further investigation.
Accordingly, matter be now put up on 31.01.2020 for
awaiting progress report of further investigation and appearance of
Joint Director.
(Bharat Parashar)
Special Judge, (PC Act)
(CBI),RACC/ND
18.12.2019.
Page No. 4 of 4