G.P.SRIVASTAVA,J. - (1.) HEARD learned Counsel for the applicant, learned Counsel for the complainant and learned AGA.
(2.) ACCORDING to the prosecution case D.E.P.B. (Duty Entitlement Pass book) licences for importing raw materials are issued by D.G.F.T. and LCD. Custom, Government of India. Licenses issued are transferable. The informant's Company has been purchasing the aforesaid licenses for the last three years from M/s. Sai Associates. Shri Bhushan Sachdev is the owner of the said firm. In the month of August 2005 the informant's company purchased specified licenses as mentioned in the First Information Report. On verification in the month of October, 2005 it was revealed that all the licenses were forged. The Payments in respect of the licenses were made by the informant's company to Shivam Enterprises and M/s. Isha Implex, Moradabad. Shri Bhushan Sachdev informed that the aforesaid licenses were given to him by the applicant Mohit Bhatnagar. It is argued by learned Counsel for the applicant that the applicant is a commission agent. He owns a firm in the name of M/s. Sai Solution which is registered with the Income -tax Department. In the said firm the applicant works as a forwarding agent relating to shipping business. He has no connection with the alleged transaction. The statement of the applicant was recorded by the officer of the Revenue Intelligent which is admissible in evidence. The statement is signed by the applicant. The applicant in his statement has stated that the disputed D.E.P.B. licenses were given to him by one Sri R.K. Gupta for sale and he obtained 2% commission thereon. Thereafter he contacted to Shri Bhushan Sahgal and in this way the licenses were sold to the informant, therefore, it cannot be said that the applicant had nothing to do with the matter. He has further admitted that an account was opened in the name of Rajesh and the applicant put his signature as Rajesh. There is no trace of the aforesaid Rajesh.
(3.) IN the circumstances, it appears prima facie that the entire fraud was played by the applicant in collusion with some other person.;