Mehinder Singh Sullar, J. - (1.) The matrix of the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that originally, the petitioner-complainant Deputy Chief Controller of Imports & Exports, New Delhi (for brevity "the complainant") filed a criminal complaint (Annexure II) against Jasbir Singh Manchanda and others respondents-accused, on accusation of having committed the offences punishable under Sections 420, 468, 471 read with Section 120B Indian Penal Code and Section 5 of the Imports & Exports (Control) Act, 1947 and the rules framed thereunder (hereinafter to be referred as "the Act & the relevant rules"), inter-alia pleading that a fake firm styled as M/s Khanna & Company was floated by the accused as a proprietary concern of S.S.Khanna by showing the factory to be situated at GT Road, Kundli, District Sonepat. An import Criminal Revision Petition No.534 of 2001 application dated 10.6.1980 was submitted to the Joint Chief Controller, Import and Export on behalf of the said firm under the signatures of S.S.Khanna as its sole proprietor, for import of iron & steel material, worth Rs.span 9,97,520/-, under para 42 of the Current Import Policy AM-81. The firm was shown to have been registered with the department of Industries, by virtue of fake registration certificate, bearing No.05/08/07117/SSI dated 6.8.1977 and it was also shown that the firm has installed the machinery worth Rs.span 2,57,000/- in its premises. The firm was further shown to have permanent account, bearing No.PY-23/25/18, with the Income Tax Officer and the residential address of S.S.Khanna was shown as 416, Model Town, Sonepat. The import licence was applied on the basis of past consumption, which was purported to have been certified by the co-accused on behalf of M/s N.C.Mittal & Company, Daryaganj, New Delhi & others and further certified by S.P.S. Chauhan, Assistant Director of Industries, Haryana. The accused were stated to have appended the fake invoices and documents of a non- existent firm with the application, in order to obtain the import/export licence. Accused Jasbir Singh Manchanda also hired one room of the shop of Karan Singh and informed the postal authorities to deliver the correspondence/letters of M/s Khanna & Company at Karan Singh's shop.
(2.) Levelling a variety of allegations and narrating the sequence of events in detail, contained in the complaint (Annexure II), in all, the complainant claimed that Jasbir Singh Manchanda accused-respondent No.1 has floated a fake firm styled as M/s Khanna & Company on paper, which never came into existence. He fabricated, obtained the false documents, used the same as genuine, cheated the Government, illegally, fraudulently and with mala fide intention, obtained the import/export licence with the connivance of his other co-accused. The goods imported under the licence after having been cleared from the custom/docks, Bombay, were neither brought to the notice of firm M/s Khanna and Company nor Criminal Revision Petition No.534 of 2001 the same were utilised for the purpose, for which, these were imported. In this manner, all the accused hatched a criminal conspiracy and disposed of all the imported material brought on fake licence, in contravention of the provisions of the Act and relevant Rules. Inter-alia in the background of these allegations, the complainant filed the criminal complaint (Annexure II) against the respondents- accused, in the manner depicted hereinbefore.
(3.) Taking cognizance of the complaint and considering the evidence/material and documents, all the accused were ordered to be summoned to face the trial by the Special Judicial Magistrate, by way of order dated 4.7.1984.;