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Vijay Shukla vs Serious Fraud Investigation Office on 26 October, 2021

Bench: A.M. Khanwilkar, Dinesh Maheshwari, C.T. Ravikumar

     ITEM NO.10                               COURT NO.3                 SECTION II-B

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                    No(s).    6338/2021

     (Arising out of impugned final judgment and order dated 30-04-2021
     in CRMM No. 24870/2020 passed by the High Court Of Punjab & Haryana
     At Chandigarh)

     VIJAY SHUKLA                                                         Petitioner(s)

                                                     VERSUS

     SERIOUS FRAUD INVESTIGATION OFFICE              Respondent(s)
     ( IA No. 104987/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)

     Date : 26-10-2021                 This matter was called on for hearing today.

     CORAM :                           HON'BLE MR. JUSTICE A.M. KHANWILKAR
                                       HON'BLE MR. JUSTICE DINESH MAHESHWARI
                                       HON'BLE MR. JUSTICE C.T. RAVIKUMAR

     For Petitioner(s)                 Mr.   Kapil Sibal, Sr. Adv.
                                       Mr.   Gautam Awasthi, AOR
                                       Mr.   Ayush Choudhary, Adv.
                                       Mr.   Nizam Pasha, Adv.
                                       Mr.   Devanshu Yadav, Adv.
                                       Mr.   Sameer Pandey, Adv.

     For Respondent(s)                 Mr. S.V. Raju, ASG
                                       Ms. Sonia Mathur, Adv.
                                       Ms. Sairica Raju, Adv.
                                       Mr. Rahul Mishra, Adv.
                                       Vanshaja Shukla, Adv.
                                       Mr. Arvind Kumar Sharma, AOR

                             UPON hearing the counsel the Court made the following

                                                  O R D E R

We have heard learned counsel for the parties. The validity of Section 212(6) of the Companies Act, 2013 is already in issue in the connected cases. This matter be heard Signature Not Verified along with other connected cases.

DEEPAK SINGH Date: 2021.10.26 18:52:14 IST Reason:

As regards the present case, we find that the High Court has 1 categorically noted in paragraph 49 of the impugned judgment that the petitioner is not accused of having committed the offence of fraud punishable under Section 447 of the Companies Act, 2013. He is only a signatory to financial documents pertaining to the company.

The nuances of the arguments of the prosecution can be considered at an appropriate stage. Further, it is not in dispute that the co-accused have been granted interim protection who are charged with the offence u/s 447 of the Companies Act, 2013.

Taking any view of the matter, we deem it appropriate to grant interim protection to the present petitioner until disposal of the main matter.

The petitioner shall, however, co-operate during the further investigation, if any, as and when called upon to do so and shall surrender his passport within one week from today which will remain with the Registry until the disposal of the main matter.

(MEENAKSHI KOHLI)                                         (VIDYA NEGI)
ASTT. REGISTRAR-cum-PS                                    COURT MASTER




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