Central Bureau of Investigation, Ghaziabad (CBI)-Shivank Singh, Special Judicial Magistrate (CBI) while taking cognizance under Sections 420, 467, 468 & 471 IPC, made a seething remark in the order where it stated,
“This court fails to understand as to why the substantive offence of forgery was not imposed against the accused by the CBI when it is in consonance with their version only”.
In the pertinent matter, it was alleged that Catmoss Retail Ltd. through its Director (A1) and Ashwani Kumar, Director (A2) procured a loan from SIDBI by submitting forged balance sheets, net worth statements, bills and minutes of the board meetings. And further alleged that various shell firms were also opened by A2 in the names of the employees of the company for raising the fund by using the same firms without any valid business and transactions. Resultantly, the CBI charge sheeted A1 under Section 420 IPC and A2 under Sections 420, 468 r/w 109 and 471 IPC.
The Court after considering the purported act, witnesses, documentary evidences and the “dubious” charges framed by the CBI, took cognizance of the offences under Sections 420, 467, 468 & 471 IPC, and was of the opinion, that when the act was of committing forgery, then only abetment to forgery was not sufficient especially when the CBI itself had set the grounds with no contradictions. The Court was of the opinion, “Ld. PP for CBI and IO has failed to reply as to why the offence of abetment for forgery is implicated against the accused and not the substantive offence of forgery. At this stage, prosecution has also not established that as to who was abetted for the offence of forgery”. Therefore, summoned both A1 and A2 under relevant Sections.[CBI v. Catmoss Retail Ltd., Misc. Case No. 06/21, decided on 14-09-2021]
Agatha Shukla, Editorial Assistant has reported this brief.