YOGESH GUPTA vs CENTRAL BUREAU OF INVESTIGATION THROUGH ITS PRINCIPLE OFFICER

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 3rd December, 2024 Pronounced on: 21st January, 2025 + CRL.M.C. 5480/2023 & Crl.M.A.20730/2023 YOGESH GUPTA .....Petitioner Through: Dr. Farrukh Khan, Ms. Ridhima Goyal and Ms. Aditi Tayal, Advocates versus CENTRAL BUREAU OF INVESTIGATION THROUGH ITS PRINCIPLE OFFICER .....Respondent Through: Mr. Rajesh Kumar SPP with Ms.Mishika Pandita, Advocate CORAM: HON’BLE MR. JUSTICE CHANDRA DHARI SINGH JUDGMENT CHANDRA DHARI SINGH, J. 1. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] seeking quashing of the Chargesheet bearing No. 33/2022 dated 31st December, 2022, against the petitioner originating from FIR/RC No. 219/2020(E) 0009 dated 26th August, 2020, registered under Section 120B read with Sections 406, 411, 420 and 421 of the Indian Penal Code, 1860 (hereinafter “IPC”) at CBI, EO-I, New Delhi and the consequential CRL.M.C. 5480/2023 Signature Not Verified Page 1 of 37 Digitally Signed By:PRAVEEN KUMAR BABBAR Signing Date:24.01.2025 10:20:52 proceedings emanating therefrom titled as „CBI v. M/s ERA Housing And Developers (India) Limited‟ pending before the Court of the learned Chief Metropolitan Magistrate, Rouse Avenue Courts, Delhi (hereinafter “CMM”). FACTUAL MATRIX a) M/s Era Housing & Developers India Ltd. (hereinafter “EHDL”), through its Director, Mr. Hem Singh Bharana, approached Industrial Finance Corporation of India Ltd. (hereinafter “IFCI”)/complainant to avail Rupee Term Loan of Rs. 80 crores with the purpose of repayment of an existing loan from Infrastructure Leasing & Financial Services (hereinafter “IL&FS”). b) IFCI sanctioned a Rupee Term Loan of R