Additional Chief Metropolitan Magistrate Jaywant Yadav, in an order dated October 23, noted that prima facie, a case of criminal conspiracy, cheating and forgery was "fully established against all the accused"
Mohit Kamboj. Pic/Official Facebook account
A court in Mumbai has rejected the Central Bureau of Investigation's report seeking to close its case against BJP leader Mohit Kamboj and several others for cheating and committing forgery, causing loss to the tune of Rs 103 crore to the Central Bank of India.
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Additional Chief Metropolitan Magistrate Jaywant Yadav, in an order dated October 23, noted that prima facie, a case of criminal conspiracy, cheating and forgery was "fully established against all the accused".
The order copy was made available on Saturday.
"I hold that prima facie the offences punishable under sections 120 (b), 417, 420, 467, 468 and 471 of the Indian Penal Code (conspiracy, cheating and forgery) appear to be committed, but the investigation done is not sufficient. It is incomplete," the court said.
"The criminal act of the accused requires to be dealt with as public money is misused by forging documents and cheating a nationalised bank (Central Bank of India) to the tune of crores of rupees," it said.
The court held that the CBI's closure report was liable to be rejected with a direction to investigate further and file an appropriate report.
According to the probe agency, Kamboj, the chairman and managing director of Tenet Exim Private Limited and several others allegedly cheated Central Bank of India to the tune of Rs 103 crore by submitting false documents to avail credit facility.
The CBI submitted a closure report before the magistrate court stating that its probe has not revealed any misrepresentation or misstatement.
The agency sought for the case to be closed, as there was a lack of sufficient evidence to prosecute the company and its directors.
The court, in its order, referred to witness statements and said it clearly shows that the accused forged documents of false sale/purchase of goods and submitted the same to the bank and that prima facie, it can be held that the accused persons misrepresented documents to avail loan from the bank.
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