Full Order Text
Interim Order 12 · 14 Jan 2025 · CNR DLCT120000212023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CC No./CBI/18/2023 RC-220 2020 E0015/2020 CBI vs. Suresh Kumar Gupta 14.01.2025 Present: Sh. Saurabh Singh, Ld. PP for the CBI. IO/PI Sh. Aftab Alam, CBI, EO-II in person. Submissions on the point of cognizance have been heard. As per the charge-sheet, M/s Shri Sudershan Tubes, a partnership firm of Om Prakash Gupta (since deceased) and Suresh Kumar Gupta (A-1) was sanctioned a CCH limit of 610 lakhs by Dena Bank in 2009; the limit was enhanced to 970 lakhs in 2010; for obtaining the enhancement, M/s Shri Sudershan Tubes showed provisional sales figure of Rs. 3740.32 lakhs whereas in the final balance sheet, the same figure was Rs. 1650.10 lakhs. M/s Shri Sudershan Tubes, vide letters dated 04.06.2010 and 10.06.2010, justified the difference by claiming credit summation in its current account maintained with Punjab National Bank to the tune of Rs. 678.04 lakhs. For this purpose, M/s Shri Sudershan Tubes furnished a copy of bank statement of PNB wherein, the entries were found to be fabricated. Investigation further revealed that on different dates, huge amount of sums were transferred from M/s Shri Sudershan Tubes in the accounts of partnership firms viz. Kamdhenu Metal Industries [partners Suresh Kumar Gupta (A-1) and Pradeep Kumar Gupta (A-3)], Shri Goverdhan Steel [partners Pradeep Kumar Gupta (A-3) and Rajat Gupta (A-4)] and Synergy India Pvt. Ltd. (A-5). The transactions in favor of Kamdhenu Metal Industries, Goverdhan Steel and Synergy India Pvt. Ltd. were -- 1 of 2 -- shown as ‘unsecured loan’ which was contrary to the purpose for which CCH limit was granted. From these partnership firms/company, the funds were further diverted in the accounts of Suresh Kumar Gupta (A-1), Rajesh Kumar Gupta (A-2), Pradeep Kumar Gupta (A-3) and Rajat Gupta (A-4). Investigation further revealed that around Rs. 444.80 lakhs of the CCH limit was diverted from the account of M/s Shri Sudershan Tubes to M/s Iskcon Steels, a proprietorship concern of Ms Chhaya Singhal; fake invoices were created and transportation of several metric tonnes of pipes, tubes, coil etc was shown through several vehicles which were found to be two- wheelers, three-wheelers and a car. From the investigation carried out and the documents placed on record, there is sufficient material to take cognizance for commission of offence u/s 120-B r/w 420, 468, 477A and 471 IPC and substantive offence thereof against all the accused persons. The accused persons be summoned for 11.03.2025. (NISHANT GARG) ACJM-2-cum-ACJ RADC/New Delhi/14.01.2025 -- 2 of 2 --
