Central Bureau Of Investigation v. Drp Sundram & Others
$~15 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CENTRAL BUREAU OF INVESTIGATION .....Petitioner Through:
Mr. Ripudaman Bhardwaj, SPP with Mr. Kushagra Kumar, Mr. Amit Kumar Rana & Mr. Himanshu Kaushik, Advs.
versus DRP SUNDRAM & OTHERS .....Respondents Through:
Mr. Abhishek Prasad & Mr.
Mayank Tanwar, Advs.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 25.07.2025 CRL.M.A. 28794/2018 (for condonation of delay) 1.
For the reasons mentioned in the application, the same is allowed.
2.
The delay of 52 days in filing the present leave to appeal petition is condoned.
3.
The application stands disposed of.
4.
The present petition is filed by the petitioner CBI challenging the judgment dated 30.01.2018 (hereafter 'the impugned judgment') passed by the learned Special Judge, CBI-01, North-West, Rohini, Delhi in CBI No. 143/2016. 5.
By the impugned judgment, three persons were convicted and the respondents were acquitted.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
It is the case of the prosecution that the three persons being, two Directors of the company who had taken the loan and the Branch Manager of the Bank from where the loan was given to the accused company which was ultimately siphoned off, were convicted for diversion of loan.
7.
The AGM, DGM, Credit Manager of the Bank and the Director of the third company from where the funds were diverted, have been acquitted.
8.
The learned counsel for the CBI states that the AGM and the DGM were also involved in sanctioning of the loan which was ultimately diverted. He submits that the said accused persons could not have been acquitted.
9.
He further submits that it has specifically come on record that the funds were diverted after being transferred to the company operated by Respondent No. 3.
10.
The matter requires consideration.
11.
In view of the above, the leave to appeal is granted and the appeal be numbered as Criminal Appeal ............/2025 (to be numbered).
12.
The present petition is disposed of in the aforesaid terms. Criminal Appeal ............/2025 (to be numbered) 13.
The appeal is admitted.
14.
It is pointed out that appeals filed by the persons who have been convicted being CRL. A. 246/2018 titled as Raj Kumar (Presently in JC) v. Central Bureau of Investigation, CRL.A. No. 161/2018 titled as Satish Sikri v. State thr. CBI and CRL.A. No. 230/2018 titled as Neel Kamal v. Central Bureau of Investigation, are pending consideration before this Court. 15.
List the present appeal along with CRL. A. 246/2018, CRL.A. No. 161/2018 and CRL.A. No. 230/2018 in due course. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
16.
Respondent shall furnish a personal bond in the sum of ₹10,000/- with one surety of the like amount, to the satisfaction of the Joint Registrar (Judicial) on 31.07.2025. AMIT MAHAJAN, J JULY 25, 2025 "SS"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.