After scrutinising the closure report, the magistrate found “prima facie sufficient material to corroborate the allegations in the FIR”.
The closure report filed by the Central Bureau of Investigation (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 has been rejected by the Additional Chief Metropolitan Magistrate (Esplanade court) in Mumbai.
The Mumbai branch of the CBI had registered a case based on an FIR by PK Jagan, Deputy General Manager, Central Bank of India, Nariman Point, against Tenet Exim Private Limited and its directors/guarantors and chartered accountant for cheating the informant bank.
It was alleged that the borrower firm Tenet Exim, through its CMD Kamboj and directors 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, allegedly committed cheating and forgery by submitting false documents.
The allegations include manipulating debtors/creditors and submitting a false book and debt statement to avail credit facility of Rs 50 crore from the bank. The FIR had claimed the accused persons dishonestly diverted funds and caused wrongful loss to the bank initially to the tune of Rs 103.81 crore, and after a one-time settlement done on February 26, 2020, it came down to Rs 94.39 crore.
In another case against the accused, the special CBI court on January 16 this year accepted the closure report by the probe agency after the informant bank had given a No-Objection to accept the said report.
owever, the Additional Chief Metropolitan Magistrate Jaywant C Yadav, in his order of October 23, observed that in the present case, the informant bank “had not given blanket no- objection to accept the closure report and has challenged the same through their reply in the court”.
After scrutinising the closure report, the magistrate found “prima facie sufficient material to corroborate the allegations in the FIR”. The court added that the special court’s order accepting the closure report in another case “is of no help to the prosecution to accept the present closure report”.
he court added that CBI’s final report was incomplete with respect to the investigation into no actual transactions of sale/purchase of goods, falsely showing the debtors/creditors of sale/purchase of goods and international misrepresentation done as to show infusion of equity capital, among others.
The court said it appeared from the FIR that offences of forgery and submission of false documents were alleged, but only sections 120B (criminal conspiracy) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC) were applied against the accused.
