District Court Ghaziabad • Allahabad High Court • Since 2011

Economic offences, CBI &
PMLA cases in Ghaziabad.

Advocate Vishu Kushwaha defends directors, partners and account holders in CBI Special Court, Enforcement Directorate and PMLA matters, bank fraud and cheating cases, from the first summons to bail and trial, at the Ghaziabad courts and the Allahabad High Court.

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Profile

Advocate
Vishu Kushwaha.

Vishu Kushwaha has practised as an Advocate at the District Court, Ghaziabad since 2011, with petitions and appeals at the Allahabad High Court. This site covers one part of the practice: economic offences, where the complainant is a bank, a company or a central agency, and the case runs before the CBI Special Courts in the Ghaziabad complex or under the Prevention of Money Laundering Act. The general criminal, bail, divorce and property guides are on LawAired.

15+

Years Exp.

2011

Practising since

Cases the chamber takes.

Enforcement Directorate

PMLA: summons,
arrest and bail.

Appearance on a Section 50 summons, the ECIR, grounds of arrest under Section 19, bail under the Section 45 conditions, and attachment of property before the Adjudicating Authority.

CBI Special Court, RDC

CBI cases
and trials.

Bank fraud, Prevention of Corruption Act and cases transferred to the CBI, before the Special Judges in the CBI Court Building at the Ghaziabad complex.

Police and EOW

Cheating, breach of trust,
forgery.

Sections 316, 318 and 336 to 340 BNS, bank and NBFC complaints, cyber fraud freezes under Section 106 BNSS, and Section 35(3) notices.

Bail

Bail in economic
offence cases.

Anticipatory and regular bail at the Sessions Court and the Allahabad High Court, where the amount, the stage of investigation and the length of custody decide the argument.

High Court

Quashing
and writs.

Section 528 BNSS petitions where a commercial dispute has been given a criminal shape, and Article 226 writs against arrest, freezing and attachment.

Section 138

Cheque bounce
at volume →

Notices, complaints and defence for businesses with many cheques, with the deadline calculator on LawAired.

Three things to know first.

Bail under PMLA

Section 45 is strict. It is not absolute.

Section 45 of the PMLA requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to offend on bail. The Supreme Court upheld the provision in Vijay Madanlal Choudhary v. Union of India (2022). In 2024 it held in Prem Prakash v. Union of India that bail remains the rule even under the PMLA, and in Manish Sisodia and V. Senthil Balaji that long custody with no trial in sight is itself a ground. The proviso to Section 45 also eases the test for a woman, a sick or infirm person, a person under sixteen, and where the laundering alleged is below one crore rupees.

Arrest

Grounds of arrest must be given in writing.

An ED officer arrests under Section 19 of the PMLA only on reasons to believe recorded in writing. In Pankaj Bansal v. Union of India (2023) the Supreme Court held that the grounds of arrest must be furnished to the arrested person in writing, and in Prabir Purkayastha (2024) it extended the rule beyond the PMLA. For ordinary police arrests, Sections 47 and 48 of the BNSS require the grounds to be told to the person and a relative to be informed, and production before a Magistrate within 24 hours.

Summons

A Section 50 summons has to be answered, carefully.

A summons from the ED under Section 50 of the PMLA compels attendance and a signed statement, and the statement is admissible. A CBI or police notice under Section 35(3) BNSS, for offences up to seven years, compels appearance but not arrest if the person complies. Go with the documents the summons names, a written timeline, and the advocate briefed beforehand. Do not send money back to anyone, and do not sign what you have not read.

Questions people ask.

Where are CBI cases from Ghaziabad heard?

In the CBI Court Building inside the District Court complex at RDC, Raj Nagar: Special Judge, CBI Court No. 2 on the 3rd floor, CBI Court No. 3 on the 4th floor, and the Special Judicial Magistrate (CBI) on the 6th floor, as listed on the court's own list of judges in October 2026. Chamber 817 is in the same complex.

Can the ED arrest someone without an FIR?

The ED does not register an FIR; it records an ECIR, and a money laundering case needs a scheduled offence registered by the police or another agency behind it. Arrest is under Section 19 of the PMLA, on reasons to believe recorded in writing, and the grounds must be given to the person in writing. If the scheduled offence collapses, the laundering case normally cannot stand on its own.

Is bail possible in a PMLA case?

Yes, though Section 45 makes the court apply a stricter test than in an ordinary case. The argument turns on the role alleged, the amount, the stage of investigation, the length of custody, and whether the proviso for women, the sick, minors and cases below one crore rupees applies. Nobody can promise bail; what an advocate controls is the completeness of the application and how quickly it is filed.

What should a director bring after a CBI or ED summons?

The summons or notice itself, the FIR or ECIR number if known, the company's board resolutions and filings for the period, bank statements for the accounts named, the agreements and invoices behind the transactions in question, and a written timeline. Scans on WhatsApp are enough to begin. The full checklist for criminal, bail and frozen account matters is on LawAired.

Economic offences, CBI & PMLA cases in Ghaziabad.

Advocate Vishu Kushwaha.