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Sunday, December 05, 2021

Mumbai Bank fraud: HC grants Darekar interim protection from coercive action till Dec 2

Darekar, along with other office-bearers, is booked for allegedly causing a loss of over Rs 100 crore to the bank by fraud and embezzlement of funds.

By: Express News Service | Mumbai |
November 19, 2021 3:18:51 am
Economic Offences, Economic Offences wing, Maharashtra government, Maharashtra Legislative Council, Mumbai Bank EOW, Mumbai news, Mumbai city news, Mumbai, MaharashtraA single-judge bench of Justice Sandeep K Shinde was hearing the plea by Darekar against magistrate and sessions court orders which had cleared the way for the probe. (File)

The Bombay High Court on Thursday directed the Economic Offences Wing (EOW) of the Maharashtra Police not to take coercive action against Leader of Opposition in the Maharashtra Legislative Council Pravin Darekar, who is chairman of the Mumbai District Central Cooperative Bank, commonly known as Mumbai Bank.

Darekar, along with other office-bearers, is booked for allegedly causing a loss of over Rs 100 crore to the bank by fraud and embezzlement of funds. The HC granted protection to Darekar till the next hearing on December 2.

A single-judge bench of Justice Sandeep K Shinde was hearing the plea by Darekar against magistrate and sessions court orders which had cleared the way for the probe.

The FIR was registered on the complaint of one Vivekanand Gupta against the office-bearers of Mumbai Bank, including Darekar.

After completion of the probe on the report lodged, the EOW on January 18, 2018, filed a C-summary (closure) report before the magistrate, to which Gupta had said that he did not have grievance with the report and the same can be accepted.

Thereafter, one Pankaj Kotecha filed a protest petition opposing C-summary report on the ground that the EOW had not considered his complaint of 2014 and sought for probe into the complaint.

The magistrate court rejected the C-summary report on June 16 this year and directed the investigation officer to conduct further probe. Darekar had challenged the magistrate court order in the sessions court and said there were several misrepresentations and falsities in Kotecha’s claims.


However, the sessions court on October 5 rejected Darekar’s revision plea, prompting him to approach the HC.

Advocate Akhilesh Chaubey for Darekar said that the court can issue notice only to the complainant who was entitled to file the protest plea against the closure report and Kotecha had no personal knowledge of the subject matter of the FIR. The plea said that Kotecha was neither a shareholder nor had any relationship with the bank, therefore he had no locus standi (standing) to file a protest plea, therefore the orders by the subordinate court were passed with error, the plea said.

Pending hearing of the plea, Darekar sought a stay on further probe. On Thursday, special public prosecutor Prakash Shetty, appearing for police, sought time to take instructions from officers to respond to the plea, after which the court granted interim protection from arrest to Darekar till December 2.

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