[SBI Loan Scam] Rajasthan High Court stays non-bailable warrant against Alok Dhir of Dhir & Dhir Associates

An order passed by a Jaisalmer court on February 12, 2020 issuing non-bailable arrest warrants against Dhir and Dhir managing partner, Alok Dhir in relation to the State Bank of India (SBI) loan scam, was stayed by the Rajasthan High Court on Tuesday (Alok Dhir & Ors. vs. State of Rajasthan).

. Single-judge Justice Vinit Kumar Mathur of Jodhpur Bench stayed the order passed by Chief Judicial Magistrate (CJM), Jaisalmer.

"Taking into account all the facts and circumstance of the case, it is ordered that in the meantime and till the next date of hearing, effect and operation of the order dated 12.02.2020 and consequential orders dated 31.03.2021 and 01.10.2021 passed by the Chief Judicial Magistrate, Jaisalmer shall remain stayed to the extent of summoning the petitioners through warrant of arrest," the High Court ordered.

The stay will remain in effect till the next date of hearing.

The Court also issued notice to the State of Rajasthan over the manner in which it had issued arrest warrant against Dhir straightaway without summoning him earlier.

"Matter requires consideration. Issue notice to the respondents," the Court said in this regard.

The present case arose from a first information report (FIR) registered in the year 2015 in connection with Jaisalmer Hotel Project, which was financed by the SBI in 2007.

The police had conducted an investigation and a closure report was initially filed in the case.

Thereafter, the complainant filed a protest petition which was allowed by the CJM of Jaisalmer by an order dated February 12, 2020 on the ground that cognizable offences against the petitioners were made out under Sections 420, 409 and 120B of the Indian Penal Code.

The CJM had directed that after compliance with Section 204 CrPC, the petitioners must be summoned through an arrest warrant.

Senior Advocate Abhishek Manu Singhvi appearing on behalf of Dhir, submitted before the High Court that on identical facts, an FIR was registered at Jaipur, wherein the same transaction was questioned.

However, the Supreme Court by its order dated October 23, 2017, had quashed that FIR.

Even in the present FIR, the police had initially filed a closure report, he pointed out.

It was also his argument that the matter was of civil nature and had already been adjudicated right up to the Supreme Court.

The Court agreed with the submission stating that the allegations in the present case are similar to the one in the Jaipur FIR which had been quashed by the Supreme Court

"From the overall facts and circumstances of the case, it is borne out that the present proceedings arise out of the FIR No. 37/2015, wherein, the allegations levelled against the petitioners are almost the same as that of the FIR No. 605/2017 and are related to the same transactions. It is noted that the proceedings arises out of the non-repayment of the loan of Rs. 25 Crores, the proceedings undertaken before the NCLT, NCLAT, and the Hon’ble Supreme Court appear to be of civil nature," the order said.

Further in the present, the police after thorough investigation had initially given a negative final report, the Court noted.

It, therefore, stayed the warrant of arrest against Dhir and another accused Sasi Madathil.

The matter will now be heard on December 13, 2021.

The Delhi High Court had earlier granted transit anticipatory bail to Dhir and Madathil to enable them to move appropriate court in Rajasthan for relief.

The Petitioners were also represented by Senior Advocates Sudhir Nandrajog and Ravi Bhamsali along with Advocates Vikas Balia, Saket Sikri, Anshu Bansal, Karan Batura, Nikhil Singhvi, Abhishek Mehta, Vipul Singhvi, Shubham Modi, Vipul Dharnia, Dhanesh Saraswat. Public Prosecutors S K Bhati and MS Bhati appeared on behalf of State of Rajasthan.

. [Read Order]

[SBI Loan Scam] Rajasthan High Court stays non-bailable warrant against Alok Dhir of Dhir & Dhir Associates

Khadija Khan

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