Rajdeep Singh And Ors vs Cbi And Ors on 25 January, 2018
To enliven their submissions on behalf of the official
respondents, Mr.Sumeet Goel has placed reliance on 'Central Bureau of
Investigation v. Hari Singh Ranka & others' 2018(1) RCR (Criminal)
336; 'Rajesh Kumar Aggarwal v. Central Bureau of Investigation &
another' (CRM-M-27064 of 2009 decided on 06.12.2017); and 'Tilly
Gifford v. Michael Floyd Eshwar & another' 2017 AIR (SC) 3823 to
hammer home the point that in cases of financial fraud carrying criminal
as well as civil liability is not a simple case and has sought to bring about
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CRM-M Nos.42777; 42795 & 42797 of 2017 11
the propositions that fictitious companies have been brought about by the
persons where fictitious beneficiaries have found favour and the money is
diverted through illegal means and a mere civil personal settlement
between the shareholders/directors inter-se would not wipe out criminal
liability and further that there cannot be misplaced sympathy where the
accused have settled their dispute inter-se when otherwise their acts of
omission and commission have larger criminal ramifications and
stressing the fact that a criminal investigation, unless or until there are
prima facie allegations of malafide, should not be foreclosed by the
courts and that powers to interdict a criminal proceeding at the stage of
investigations is something of a rarity.