Order 54

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT11-000559-2023
Complaint Case No. 21/2023
ED Vs. Raj Fibers Pvt. Ltd. & Ors.
22.05.2026
Present: Sh. Atul Tripathi Ld. SPP for ED along with Sh.
Shubham Mishra and Sh. Madhav Anand, Ld.
Counsels for ED.
A-3 Kamal Kumar Singhal (also representing A-1),
A-4 Neeraj Singhal and A-5 Vijay Singhal in
person on bail.
Sh. Neeraj Dahiya, Ld. Counsel for A-1 and A-4.
Sh. Anindya Malhotra, Sh. Akshay Rana, Ms. Ishita
and Sh. Durgesh, Ld. Counsels for A-3 and A-5.
Proceedings against A-2 stands abated vide order
dated 27.07.2013.
A-6 and A-7 have already been discharged vide
order dated 20.05.2024.
PW9 Sh. Ajay Shastri is present. He has been
examined in chief, cross-examined and discharged.
Reply has been filed today on behalf of A-1 and
A-4 to the application of ED under Section 384 BNSS (Section
311 Cr.P.C.) for summoning of witness at the stage of
prosecution evidence. Copy supplied. Reply was already filed
on behalf of the A-3 and A-5 on the last date of hearing.
By way of this application under Section 384 BNSS
(Section 311 Cr.P.C.), ED wants to examine the witness from
Punjab National Bank, Overseas Branch Panipat, NK Tower GT
Road, Panipat, Haryana (erstwhile Oriental Bank of Commerce,
Overseas Branch, NK Tower, GT Road, Panipat) for proving
relevant banking records and transactions in order to establish
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the financial trail and movement of funds forming part of the
proceeds of crime. It is averred in the application that the name
of the said witness could not be mentioned in the list of
witnesses inadvertently and the examination of the said witness
is material and necessary for the just adjudication of the present
case. Thus, it is prayed that the Chief Manager, Punjab
National Bank, Overseas Branch Panipat, NK Tower GT Road,
Panipat, Haryana (erstwhile Oriental Bank of Commerce,
Overseas Branch, NK Tower, GT Road, Panipat) be summoned
for the purpose of proving the relevant banking records and
transaction. It is submitted by the Ld. SPP for ED that the
documents which are sought to be exhibited in the testimony of
Chief Manager, Punjab National Bank are already part of
record. However, inadvertently the said documents could not be
exhibited in the earlier deposition of the witness who had come
from Punjab National Bank as he had come from a different
branch and therefore, he could not have exhibited the said
documents which belong to Punjab National Bank, Overseas
Branch Panipat, NK Tower, GT Road, Panipat, Haryana.
The said application has been opposed by the
accused persons, by filing their replies, on the ground that the
same is vague and lacks material details as it nowhere mentions
the documents or the details which the ED wants to prove
through the purported witness. It is submitted by the Ld.
Counsels for the accused persons that the application is a mere
delaying tactic which is adopted by the ED only to fill-up the
lacunae in their case. It is further submitted that the accused
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persons have already disclosed their defence in the cross-
examination of the bank witnesses already examined and mere
claiming inadvertence should not benefit ED to incorporate
witnesses as per its will at this belated stage.
Submissions heard. Record perused.
Keeping in view the admitted position that the
documents which are sought to be exhibited in deposition of the
bank witness, are already part of record and were supplied to the
accused persons during the initial stage prior to commencement
of trial and the submission that they are required for the just
decision of the case, the application is allowed. Only one
effective opportunity will be given to the ED to examine the
said witness on the next date of hearing. Application bearing IA
No. 12/2026 is accordingly disposed off as allowed.
Put up for prosecution evidence on 14.07.2026 and
31.07.2026.
Issue summons to the Chief Manager, Punjab
National Bank, Overseas Branch Panipat, NK Tower GT Road,
Panipat, Haryana (erstwhile Oriental Bank of Commerce,
Overseas Branch, NK Tower, GT Road, Panipat), for
14.07.2026.
Issue summons to PW8 Sh. Ankur Tiwari for his
cross-examination on 31.07.2026.
(Neha Paliwal Sharma)
Spl. Judge ( PC Act) CBI-12
RACC/New Delhi
22.05.2026
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