Delhi High Court - Orders
Sucheta Omprakash Goenka vs Serious Fraud Investigation Office ... on 23 September, 2024
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 612/2022
SUCHETA OMPRAKASH GOENKA .....Petitioner
Through: Mr. Gurmehar S. Sistani, Ms.
Ranjeeta Rohtagi, Ms. Natasha
Thakur, Mr. Vishal, Advs.
versus
SERIOUS FRAUD INVESTIGATION OFFICE THROUGH THE
INVESTIGATING OFFICER & ANR. .....Respondents
Through: Mr. Anurag Ahluwalia, CGSC, Mr.
Abhigyan Siddhant, GP, with Mr.
Abhishek Kumar Jha, IO and Mr.
Arjun Kohli and Mr. Rohit Kumar,
Advs. for SFIO
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 23.09.2024 CRL.M.A. 25446/2024 in W.P.(CRL) 612/2022
1. The present application has been moved on behalf of the petitioner to travel abroad and without any impediment for a period of 6 months from the date of travel i.e. 15.09.2024 for any such date as directed by this Court.
2. Shri Gurmehar S. Sistani, learned counsel for the petitioner submits that earlier also, the petitioner has been granted permission to travel abroad several times. Learned counsel submits that vide order dated 26.04.2024, the petitioner was granted permission to travel to Dubai This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2024 at 21:37:02 UAE between 02.05.2024 to 01.08.2024. The SFIO has filed a short affidavit raising several objections regarding permission to travel abroad.
3. Sh. Anurag Ahluwalia, learned CGSC submits that the present case involves a grave economic fraud to the tune of more than Rs.6,000 crores by the petitioner, committed upon the public in the name of Holiday's Scheme through the respective CUIs. Learned CGSC submitted that the present petitioner is a Director-Shareholder in several CUIs and though found to be involved in the transactions as a beneficiary.
4. Learned CGSC has further submitted that the petitioner was found to have committed offences under Section 211 read with 628 of Companies Act, 1956 and also under Section 447 of Companies Act, 2013. Learned CGSC submitted that the Ministry of Cooperate Affairs (MCA) being the competent authority has already issued the directions for filing of criminal complaint based on the investigation report dated 26.12.2023 and the same is about to be filed at the earliest before the appropriate forum.
5. Learned CGSC further submitted that qua the offence under Section 447 of the Companies Act, 2013 (cognizable offences) a Supplementary Report dated 21.06.2024 was also submitted by the respondent to the MCA, wherein the role of the petitioner in commission of fraud as defined under Section 447 of the Companies Act, 2013 has been provided in detail. It has further been submitted that the petitioner had been non cooperative in terms of furnishing details of various foreign bank accounts, despite the directions of this This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2024 at 21:37:02 Court vide order dated 26.04.2024. Learned CGSC has not disputed the fact that the appellant has a matrimonial home in Dubai. However, he submits that this would provide the petitioner adequate means of sustenance outside in India. Learned CGSC submitted that therefore, the permission to travel abroad may be declined.
6. While the matter rested thus, Sh. Gurmeher S Sistani, learned counsel for the petitioner has filed a fresh affidavit to the effect that the petitioner may be permitted to travel abroad i.e. UAE only for three months with effect from 15.10.2024 to 15.01.2025. Learned counsel for the petitioner also submitted that in case the complaint is filed against the petitioner by the department, her father Mr. Om Prakash Goenka R/o 101-A, Somerset House, Sophia College Lane, Warden Road, Mumbai, 400026, Mobile No.+91 7045933280 shall receive the summons and the petitioner shall appear before the court on the date given in the summons of the Court. The petitioner has also deposed in the affidavit that petitioner during this period shall be available at 211, Yansoon 7, Old Town, Dubai, UAE and shall also be available at Mobile No.+971507341833.
7. The perusal of the record indicates that earlier also the petitioner was granted permission to travel abroad vide order dated 01.06.2022 and 26.04.2024 and these permissions have not been misused by the petitioner. It is an admitted case that the petitioner has a matrimonial home in Dubai. In these circumstances, without touching upon the merits of the case and in view of the fact that the criminal complaint is yet to be filed, the petitioner is granted permission to travel abroad i.e. UAE w.e.f. 15.10.2024 to 15.01.2025 only to UAE in consonance This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2024 at 21:37:02 with the itinerary appended to the present application, subject to the following conditions:-
(i) Petitioner shall furnish the details of the place of her residence in Dubai and her contact number during her stay in Dubai to the Investigating Officer on affidavit;
(ii) The application being specific i.e. the permission to travel to U.A.E, it is directed that Petitioner shall not go to any other country during this time.
(iii) She shall make no effort to dispose of assets that belong to her or the CIUs during her stay in Dubai.
(iv) She shall not have any transactions in the banks, namely,
(i) Mashreq Bank, Sheikh Zayed Road, Dubai, (ii) National Bank of Fajairah, Bank Street, Dubai, (iii) National Bank of Ras Al Khalmah (RAK Bank), Makhtoum Street Branch, Dubai, (iv) National Bank of Ras Al Khalmah (RAK Bank) & (v) HSBC (UAE), Ibn Batuta Branch, Dubai and will be bound by the assurance given, to obtain the details of the said bank accounts as required by Respondent No.1 and to submit the same either immediately through email or on her return to India, as required by the SFIO.
(v) She shall furnish a personal bond and a surety bond in the sum of Rs.1,00,000/- each to the satisfaction of the learned Chief Metropolitan Magistrate, Rouse Avenue Courts, Delhi. On the specific objection being raised by the SFIO, the petitioner shall furnish the surety other than her father. In case, the complaint filed against the petitioner by the Department prior to 15.01.2025 or at This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2024 at 21:37:02 any time, the nominated person in the affidavit shall receive the summons and the petitioner shall appear before the court on date given in the summons.
(vi) She shall also deposit a sum of Rs.5,00,000/- in the form of FDR in the name of the Registrar General of this Court which may, on application be returned to the Petitioner on her return to India.
(vii) Petitioner undertakes to return back to India on or before 15.01.2025.
8. List before the learned Joint Registrar (Judicial) on 25.09.2024 for verification of the itinerary and further orders, if any.
9. It is made clear that this Court has not expressed any opinion on the merits of the case.
10. Application stands disposed of in the aforesaid terms.
11. Copy of this order shall be sent by the SFIO/Respondent to the Joint Director, Bureau of Immigration, East Block-VIII, R.K. Puram, New Delhi, through all modes including by an email, for information.
DINESH KUMAR SHARMA, J SEPTEMBER 23, 2024 Pallavi/KR..
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2024 at 21:37:02