The Bombay high court on Wednesday issued notice to the CBI and the Maharashtra government on a plea by Bollywood film maker Rakesh Roshan seeking return of money recovered by the central agency from two men who had defrauded him by posing as CBI officers in 2011.
Twelve years ago, two men had approached the actor claiming to be CBI officers and sought money to settle an alleged dispute arising from a complaint by one of Roshan’s line producers.
To settle the dispute out of court, Roshan paid them Rs50 lakh. He subsequently realised that he was misled and falsely implicated. He then lodged a complaint with the Anti-Corruption Bureau (ACB) which registered a first information report (FIR) in August 2011.
The CBI took over the case and arrested two men. The agency learnt that the duo had duped several others, too. It recovered documents of 21 immovable properties and money to the tune of Rs2.94 crore, which allegedly included Roshan’s Rs50 lakh.
Roshan approached the special CBI court seeking return of his money. The special court, on Nov 9, 2012, partly allowed his application and granted a return of Rs30 lakh. The court had also asked Roshan to furnish an indemnity bond for Rs50 lakh as security with the court till the end of the trial.
In 2020, Roshan filed another application seeking return of the remaining Rs20 lakh, that was lying with the special court, which rejected the application on Dec 14, 2021, observing that he was seeking a review of the 2012 order which allowed return of part amount. It also said that Roshan had not challenged that order and sought return of the entire amount.
The film maker has now approached the HC seeking quashing of the orders passed in 2012 and 2021. He contended that in 2012 the special court had not curtailed his right for claiming return of the remaining Rs 20 lakh. Further he said that he had submitted an indemnity bond for the entire amount of Rs50 lakh till the end of trial.
Claiming that the amount has been lying with the special court since 2012 and that the trial is yet to be concluded, Roshan has sought return of the amount.
Justice RG Avachat has kept the matter for hearing after 4 weeks.
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