K L SUN Vs. UNION OF INDIA

JUDGEMENT

(1.) -This petition has been filed for quashing of FIR case No. R.C. 12/86 CIU (E) CBI/SPEI New Delhi, dated 26th December, 1986, under sections 120/ B, Indian Penal Code read with Section 420 of the Indian Penal Code and section 5 of the Export and Import Act, 1947 and Sections 420, 466, 471 and 380, Indian Penal Code, registered with. Central Investigation Unit (E), I Branch, having the jurisdiction throughout the Country, Central Bureau of Investigation Lodhi Complex, Dalhousie Road, New Delhi. The counsel for the respondents challenge the jurisdiction of this Court to entertain and quash the said case.

(2.) The allegation in the petition is that one Messrs Intercontinental Marketing Consultants, New Delhi, obtained a specific Import Licence for the import of polyster filament yarn from the office of Joint Chief Controller. Import and Export. (Central Licencing Area) New Delhi. Information received from the Assistant Collector of customs, Bulsar addressed to the joint Chief Controller; Import and Export.(Central Licencing Area) New Delhi was that polyster filament yarn imported by the said firm against the said licences had been sold in the open market. The joint Chief Controller, Import and Export (Central Licencing Area), New Delhi, wanted to take legal action for forfeiture of the bank guarantees submitted by the firm in his office. Thereafter the concerned file containing the bank guarantees were found missing and were traced subsequently under mysterious circumstances in deposited condition and without bank guarantees. The original bank guarantees stolen from the said office were later on presented in the bank by Rajasthan Limited. Greater Kailash Branch, New Delhi, but the bank refused to make payment when on verification it came to their notice that the bank guarantee was stolen from the said office and the letter for the release of bank guarantee was not issued by the said office. There is further allegation that payment was secured against the said bank guarantee stolen from the office of Joint Chief Controller Import and Export (Central Licencing Area), New Delhi, by submitting the original bank guarantee as the forged letter purported to have been issued by the said office. The said firm is a sole proprietor firm and one Shri Yashendra Tandon son or Shri Yash Pal Tandon is the sole proprietor of the firm. The petitioner had nothing to do with the firm nor he ever was employed by the said firm in any capacity nor the petitioner is a partner of the said firm.

(3.) There are other allegations also mentioned in the petition but the same are not so relevant for the purposes of disposal of this petition.