MOHD AYYUB Vs. STATE OF U P

JUDGEMENT

(1.) -I have heard learned counsel for the applicant and learned A.G.A.

(2.) ACCORDING to the prosecution case the applicant is a member of gang who deceived and defrauded the carpet manufacturer by dispatching forged order sheet from Germany. The applicant sent an order of M/s. Kalantari G.M.B.H. Hamburg, Germany for a container of dari dated 13.8.2003 by Fax. The goods were sent to the said firm and a pro-forma invoice for reconfirmation of the said goods. After reconfirmation the goods was sent on 13.9.2003. The aforesaid firm sent a message that they did not send any order. The co-accused Ahsan Zamil Khan assured that he will make the entire payment by January, 2004, but no payment was made. It was transpired that some other person is owner of the Foreign Firm and it is being used by the accused persons illegally as the money was not paid. The Shipping Company sent an information for public auction of the goods on 31.3.2004. The applicant on 29.3.2004, admitted his liability and assured to pay the half of the damage and the payment of the entire price on 16.7.2004. The cheque was given to the informant but the cheque is a fraudulent item. The cheque was not encashed at all. Thus, the accused persons fraudulently misappropriated the goods of the complainant worth Rs. 11,88,000 and caused a loss of Foreign Exchange to Government.