Case against Tenet Exim CMD & BJP leader Mohit Kamboj, others
A magistrate court order rejecting the closure report filed by the CBI in a case against the Chief Managing Director (CMD) of Tenet Exim Private Limited and BJP leader Mohit Kamboj and others in a nearly Rs 100 crore bank fraud case was set aside by a sessions court on Friday.
The sessions court has directed that the proceedings be sent back to the magistrate court with directions to decide the issue afresh by giving an opportunity of hearing to the CBI.
On October 23, 2023, the magistrate court had rejected a closure report filed by the CBI directing the central agency to carry out further investigation. The magistrate court had then said that it had found “prima facie sufficient material to corroborate the allegations in the FIR”. The accused named in the case had approached the sessions court with an appeal against this order.
The case relates to an offence registered by the CBI based on an FIR given by officials of the Central Bank of India, Nariman Point against Tenet Exim Private Limited and its directors/guarantors and others alleging that the bank had been cheated. The complaint said that the company’s CMD Kamboj, directors of the company, Jitendra Kapoor, Naresh M Kapoor, Siddhant R Bagla, Hitesh Mishra, Rudraksha Motors Private Limited (Corporate Guarantor), M/s Lalit and Surendra (Chartered Accountants) and an unknown public servant of the informant bank had committed forgery and cheated the bank by submitting fake documents to avail its credit facility. The complaint alleged that the money to the tune of over Rs 100 crore was then diverted into accounts of the accused.
During the proceedings on the closure report, the magistrate court was told that a one time settlement was reached between the company and the bank and the latter had also given its no-objection to the case being closed. The court, however, said that the no objection was not a ‘blanket’ one. In the appeal, the accused’s lawyers submitted that the court’s order was erroneous and that it had not considered that the CBI had conducted a proper probe before concluding that there is no case made out.
“Order passed by the learned additional chief metropolitan magistrate…is set aside. Matter is remanded back to the court…with directions to decide (it) afresh by giving an opportunity of hearing to the prosecution,” the court said.
