MURSHIDUL HAQUE Vs. STATE ( NCT OF DELHI)

JUDGEMENT

(1.) By this petition filed under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C.) the petitioner seeks bail in FIR No.228/2009 under Sections 406/420/409/468/471/ 120-B of IPC, at Economic Offences Wing Police Station, New Delhi.

(2.) The present case is registered on the complaint dated 04.11.2009 of Mr. R.K.Gupta, Senior Manager, Bank of Rajasthan, Overseas Branch Office, K.G. Marg, New Delhi (Now ICICI Bank), on the basis of which the instant FIR was registered and was investigation conducted. It is alleged in the complaint that in criminal conspiracy with G.N. Dass, Santosh Aggarwal, and other accused persons, including the petitioner herein, availed bill discounting/negotiating facilities against LC by submitting false and forged export documents such as Bill of Exchange, Invoice, Packing List, Certificate of weight and quantity, certificate of origin and consignment note (Truck receipt). It is further alleged that the petitioner has cheated the complainant bank for a sum of Rs.9.2 crores, by availing bill discounting facility through nine alleged companies.

(3.) Investigation started and it was found that the petitioner is one of the Directors of Ema Exim Pvt. Ltd. and Proprietor of Ema Global Trading and on the basis of false and forged export documents and in conspiracy with other accused persons, availed bill discounting to the tune of Rs.91,58,000/- and Rs.75,37,000/- in the account of his companies. During the investigation, the certificate of origin dated 04.02.2009 issued by Bharat Chamber of Commerce was found to be forged and even the consignment note No.63362 dated 02.02.2009 was also found to be forged. It was further found that the petitioner had submitted 10 invoices for availing bill discounting and only one out of them was genuine and no goods were exported through remaining 9 invoices.