GUWAHATI, India, July 26 -- Gauhati High Court issued the following order on June 25:
1. Heard Mr. M. Goswami, learned Senior Counsel assisted by Mr. R. Singha, learned counsel for the petitioner. Also heard Mr. B. Deb, learned Advocate General, State of Mizoram, assisted by Ms. P. Bhattacharjee, learned Additional Advocate General for the respondent/State of Mizoram.
2. The present application has been filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of criminal proceedings arising out of (i) FIR No. 96 of 2024, registered under Sections 408/467/468/34 of the Indian Penal Code, 1860 at Aizawl Police Station, Aizawl, Mizoram; and (ii) FIR No. 03 of 2024, registered under Sections 408/419/466/467/ 472/471/477A/120B/34 of the Indian Penal Code at Crime & Economic Offences Police Station, Aizawl, Mizoram, from the Courts in Aizawl, Mizoram to the corresponding Courts in Guwahati, Assam.
3. The brief facts of the case, as projected by the petitioner, is that the petitioner is a Non-Banking Financial Company registered under the Companies Act, 1956, engaged in the business of providing vehicle loans, with pan-India operations including in Mizoram where it has provided vehicle loans to over 23,000 beneficiaries. It is represented by its authorized representative, Mr. Baikuntha Nath, duly authorized through a board resolution dated 26.10.2020 and a power of attorney dated 04.01.2024. It is the case of the petitioner that during an internal audit, it has been came to the light of the petitioner that a large scale financial fraud to the extent of over Rs. 150 crores has been allegedly perpetrated to it by its own employees in connivance with certain automobile dealers and other individuals by way of sanctioning loans on the basis of fictitious customer profiles and forged documents. Accordingly, on the basis of a complaint lodged by one Mr. Ankit Bagree, Circle Head of Mahindra & Mahindra Financial Services (in short, 'MMFSL'), who is now no more associated with the company, an FIR bearing No. 96/2024 was registered at Aizawl Police Station under Sections 408/467/468/34 of the Indian Penal Code. Thereafter, on the basis of the investigation, it revealed that an employee of the petitioner company, namely, one Jakir Hussain, along with certain other co-accused persons, opened fictitious bank account in the name of "Mahindra Finance Limited" at Mizoram Rural Bank through which approximately Rs. 80 crores were routed. Accordingly, on being come to know about this new facts, another FIR was lodged by one Mr. Charanpreet Singh, MMFSL's country business head, which was registered as FIR No. 03/2024, under Sections 408/419/466/467/472/471/477A/120B /34 of the Indian Penal Code at Crime & Economic Offences Police Station, Aizawl. Thereafter, due to the complexity and magnitude of the matter, a Special Investigation Team (in short, 'SIT') was constituted to investigate the matter.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x8SZy%2BP0YhMUSVfjeHGfTIMMRKFxGK5o53ENNsTmVNUe&caseno=Tr.P.(Crl.)/27/2025&cCode=1&cino=GAHC010129262025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
