V.K.BALI, J. - (1.) IN this Criminal Misc. Petition filed under Section 482 of the Code of Criminal Procedure by Ravi Kant Kapoor, petitioner herein, prayer is to quash the complaint dated 29th of August, 1988 filed by Deputy Chief Controller of Imports and Exports, Amritsar and aftermath thereof, i.e., summoning order dated 28th of February, 1989 passed by Judicial Magistrate Ist Class, Patiala, directing the petitioner to face trial under Sections 420, 468 and 471 of the Indian Penal Code and Section 5 of the Imports and Exports (Control) Act, 1947.
(2.) THE complaint, subject matter of challenge herein, has been annexed with the petition as Annexure P-1. It has been filed by Deputy Chief Controller of Imports and Exports against Sarvashri Ram Murti Khanna, Gurmukh Singh Sandhu and the petitioner-Ravi Kant Kapoor. The core allegations made by the complainant were that in terms of a policy, reference whereof has been given in the complaint, an application dated 15th of March, 1982 for issuance of Advance Imports Licence for import of Acrylic Fibre accompanied by photostat copy of order of foreign buyer M/s Gillson Import-Export Int. London dated 25th of January, 1982 regarding purchase of ladies and gents cardigans worth Rs. 22,12,500/- was issued in favour of M/s. Ram Murti Raj Kumar and others. The said licence in favour of M/s. Ram Murti Raj Kumar was sent to license vide letter dated 30th of March, 1982. The import license was issued subject to the condition that licensee shall export 22,125 Kg. of Acrylic hosiery worth Rs. 22,12,500/- to the foreign buyer within six months from the date of importation of first consignment against the Advance Import Licence. It was also stipulated that in order to ensure fulfilment of export obligation, the licencee holder before clearance of the first consignment shall furnish bank guarantee. Paras 7, 8, 9, 10, 11 as also 14 which as per the case of the complainant constitute an offence against the petitioner and others read as follows :- "7. That after obtaining the Import Licence Shri Ram Murti Khanna (A-1) and Shri Gurmukh Singh Sandhu (A-2) approached Shri Ravi Kant Kapoor (A-3) through a Commission Agent Shri Munni Lal Mehra who was known to Shri Gurmukh Singh Sandhu (A-2) and entered into an agreement dated 23.6.82 authorising M/s. Grantex and Co. Bombay, to import the material against licence No. P/L/0338913 dated 29.3.82, open the letter of Credit, make remittance for import of goods and also to spin the fibre into yarn. 8. That the material was actually imported by M/s. Grantex and Co. Bombay, on the basis of letter of authority dated 4.8.82 given by the licensee. The goods were imported at Bombay Port and clearance done by M/s Kanaya Singh and Sons, Clearing Agents, Bombay, vide bill of Entry No. 1610 dated 6.10.82 S.S. Mizoram. The delivery of 125 Bales of Imported Acrylic Fibre was received on 6.11.82 by M/s Grantex and Co. Bombay, through the clearing Agents. 9. That Shri Ravi Kapoor (A-3), the Managing Partner of M/s. Grantex and Co., Bombay, has contended that the delivery of the imported material has been given to the licensee at Delhi against proper receipt and payment received from New Bank of India, Mandvi, Bombay whereas the licensee has denied having received the delivery of the material. In any case, the Export Obligation was not fulfilled and the material was disposed of in the open market. 10. That the firm M/s. Ram Murti Raj Kumar, 1734/1 Karmon Deori, Amritsar, was non-existent one and no manufacturing activities regarding manufacturing of garments was ever done at the said address. The premises No. 1734/1 Karmon Deori, Amritsar, were owned by Shri Ram Murti Khanna (A-1) during the period 1981 to 1985 when it was disposed of. 11. That the premises No. 22, Beatrice Road, Southall, London, shown to be the address of the foreign buyer M/s. P. Gillson, Import-Export London was in occupation of Shri Puran Singh Gill and the firm was formed by the name of P. Gillson Import but no Export business was transacted by it. This order, dated 25.1.1982 etc. was got printed in India by Shri Ram Murti Khanna (A-1). He denied his signatures on the order dated 25.1.82. 14. That S/Shri Ram Murti Khanna (A-1), Gurmukh Singh Sandhu (A-2) and Ravi Kant Kapoor (A-3) in connivance with each other fraudulently and dishonestly obtained Advance Import Licence No. P/L/0338913 dated 29.3.82 for Rs. 6,44,375/- for the import of Acrylic Fibre in the name of non-existing firm M/s Ram Murti Raj Kumar, Amritsar, imported the material, disposed it of in the open market and evaded government revenue to the tune of Rs. 15,59,112/- and further made attempt to cover up their deeds by fabrication of documents and manipulation of entries concerning payment. The imported material was misutilised and the export obligation was not fulfilled in contravention of the provisions of Imports and Exports (Control) Act, 1947 and thereby committed offence punishable under Section 120-B r/w Sections 420, 468, 471 IPC r/w Section 5 of the Imports and Exports (Control) Act, 1947. Original documents have been sent to the Handwriting Export for opinion." The matter came up for hearing before Shri R.D. Singla, Special Judge, CBI, Patiala who vide order dated 28th of February, 1989, summoned the petitioner along with two others named above to face trial under Section 120-B read with Sections 420, 468, 471 of the Indian Penal Code read with Section 5 of Imports and Exports (Control) Act, 1947. The operative part of the order reads thus :- "I have heard learned P.P. for the complainant and have gone through the allegations in the complaint. The complaint has been filed by Sh. S.P. Chhibber, Dy. Chief Controller Imports and Exports, Amritsar in the discharge of his official duties as a public servant. The complaint is in writing. Since the complainant in the case is a public servant, the examination of the complaint is dispensed with as provided under Section 200 Cr.P.C. From the allegations in the complaint I am satisfied that there are sufficient grounds made out for summoning of the accused for offences under Sections 120-B read with Sections 420, 468, 471-B IPC and Section 5 of the Imports and Exports (Control) Act, 1947. All the accused are, therefore, ordered to the summoned for their trial for the above said offence for 9.5.89."
(3.) BEFORE I might proceed any further in this case, I would like to mention here that on Criminal Misc. filed on behalf of the petitioner, vide orders dated 19th of December, 1997, it was ordered by S.C. Malte, J. (as he then was) that the respondents would keep the records of the case ready for persual of courts, if necessary. Vide another order dated 10th of October, 1997, the same Hon'ble Judge ordered that since the documents were not brought in the Court in pursuance to the order dated 10.10.1997, the case had to be adjourned. The documents are not available despite the orders, referred to above.;