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2021 (8) TMI 1254 - HC - Indian LawsSeeking permission of the Court to go abroad and visit Dubai and USA - siphoning of funds - proceeds of crime - attachment of property purchaed in UAE - Sections 120-B read with Section 420 of the Indian Penal Code, 1860 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - HELD THAT:- The charge-sheet has already been presented before the trial Court and upon framing of the charges, the trial is likely to commence soon as it is already delayed for a period of about 05 years. In the charge-sheet there are serious allegations against the petitioner and it is the case of the prosecution that a fraud of ₹ 300/- crores has been committed by the accused in conspiracy with each other. As per the allegations of the charge-sheet, the petitioner – Gaurav Kirpal is the Director of M/s. Sai Bhakti Impex Private Limited and proprietor of M/s. Best Exports and is also authorized signatory of M/s. Omkara Worldwide Traders Private Limited and 3 fraudulent buyer's credit were issued showing M/s. Sai Bhakti Impex Private Limited as applicant. As per the accounts of M/s. Sai Bhakti Impex Private Limited, M/s. Best Exports and M/s. Omkara Worldwide Traders Private Limited, payments were made for bearing the expenses of Air travel tickets of main accused Ashu Mehra and his family members - the allegations against the petitioners are that he is an instrument in siphoning off the funds, therefore, finding no illegality in the impugned order that the petitioner is involved in serious fraud case amounting to a loss of ₹ 300/- crores to Indian Overseas Bank and also in view of the fact that the petitioner has moved an application just to escape facing the trial and may flee from the process of law and in view of the fact that the trial Court has also observed that from the proceeds of the crime, the accused have already purchased property in UAE, which also stands attached. Petition dismissed.
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