New Delhi: The Supreme Court has recently set aside a Gujarat High Court judgment, passed in 2017, which quashed a 2015 FIR by the Gujarat police against fugitive diamantaire Mehul Choksi, who fled the country following the Punjab National Bank loan scam case.
A bench comprising justices Sanjiv Khanna and S V N Bhatti said, "Investigation will continue without being influenced by any of the findings or observations made in the impugned judgment in the present order. We also clarify that while conducting the investigation, the Investigating Officer(s) will keep in mind the rulings of this Court and High Courts interpreting Sections 406, 420, 464 and 465 etc. of the IPC”. The apex court allowed an appeal filed by Digvijaysinh Himmatsinh Jadeja.
The high court, in a judgment passed on May 5, 2017, allowed the quashing of the FIR registered on January 23, 2015, at police station Gandhinagar Zone. The high court made a detailed factual examination and evaluation in the matter. The apex court said it is of the opinion that the said examination and evaluation should not have been done by the high court.
“There are disputed questions of fact, as the private respondent(s) have taken a plea that the two agreements dated July 25, 2013 and August, 2013 are not binding on the company – Geetanjali Jewellery Retail Limited (GJRL), which is a subsidiary of Gitanjali Gems Limited. Learned counsel appearing on behalf of the appellant – Digvijaysinh Himmatsinh Jadeja in fact submits that the agreements are valid and binding”, noted the apex court, in its order passed on November 29.
It was submitted before the apex court that in terms of the agreement dated August 13, 2013, the private respondents (Mehul Choksi and Priti Choksi) had agreed to return 24 karat pure gold bars for which the consideration or price stood paid, but were in deposit with GJRL in fiduciary capacity.
Jadeja’s counsel drew the court’s attention to documents in the form of confirmation letters, which are signed by Santosh Srivastava the Managing Director at GJRL and Shivendra Singh, Associate Vice-President (Finance), on behalf of GJRL, as well as the statement of accounts, which again is signed by the aforesaid persons, and these documents, it is submitted, confirm the fiduciary nature of the deposit.
The stand of the private respondent(s) was Santosh Srivastava had resigned on December 9, 2013, and the agreements executed by him were without authority. “But these assertions noted above are disputed factual questions. The private respondents have not disputed the signatures of Mr. Santosh Srivastava or Mr. Shivendra Singh, or their designation. Some documents are also signed by Mr. Shivendra Singh”, noted the apex court.
The respondents counsel submitted that contradictions are emerging in the stand taken by Jadeja in the notice dated July 15, 2014, which refers to breach of contract and another notice/letter dated August 23, 2014.
“We should not go into these aspects, as it is a matter to be considered and examined in the investigation. A wrong may be civil wrong, or in a given case be a civil wrong and equally constitute a criminal offence. The ingredients of a criminal offence should be satisfied. We would refrain to make detailed observations in this regard, though we have considered the said notice before passing this order”, said the apex court.
The apex court said it is sufficient to observe that the high court should not have examined and recorded a conclusion on the disputed fact to quash the FIR.
“Our attention is drawn to paragraph 49 of the impugned judgment, with specific reference to respondent – Priti Mehul Choksi. We believe that these observations are general observations to the effect that a wife/spouse could not be said to be involved vicariously. The appellant – Digvijaysinh Himmatsinh Jadeja submits to the contrary. We would not like to make any comments as it is only upon investigation, that a specific role attributable to respondent – Priti Mehul Choksi, if any, would be ascertained”, said the apex court, setting aside the Gujarat High Court judgment.
