The Supreme Court Bench headed by Justice Deepak Gupta on Friday asked a Gujarat based jeweller, who accused Gitanjali Gems promoter Mehul Choksi of cheating him in his business, to publish the court's notice in newspapers and also to affix the copy at Choksi's last known address in Mumbai.
Petitioner Digvijaysinh Himmatsinh Jadeja has moved the Apex Court challenging the Gujarat High Court's May 2017 order quashing the FIR against Choksi and his wife.
Appearing for petitioner, advocate Shubhranshu Padhi informed the bench, also comprising Justice Surya Kant, that court's earlier notice couldn't be served upon Choksi and his wife as they are not available in the country.
To this, the Bench said " We saw in the news that Chouksi is in Antigua..."
Jadeja said he had invested 108 kg gold with Choksi who had promised him high returns under an investment scheme but never fulfilled.
"He (Choksi) had forged and fabricated documents, formed a criminal conspiracy with one another in order to cheat the complainant and misappropriate the valuable property, " as per the plea.
The whole episode required for an investigation, so that the truth of the allegations emerges, the petitioner added.
On the last date of hearing, top court had issued notice to Choksi and his wife on the Special Leave Petition (SLP) filed by Jadeja.
The petition contends that the Gujarat High Court exceeded the scope of jurisdiction under Section 482 of the Code of Criminal Procedure by adjudicating the merits of the case at the preliminary stage of investigation. The documents produced by Choksi were taken into consideration by the Court while granting him relief. Such an exercise is not warranted in a proceeding under Section 482 CrPC, the petitioner argues.
Choksi and his nephew Nirav Modi are wanted by the Enforcement Directorate and CBI in the PNB fraud case worth Rs 13,400 crores. After the scam came to light, he absconded to Antigua. Nirav Modi has been held
Two days ago, the Antiguan Prime Minister called Choksi a 'crook' and said that he will be repatriated to India soon.