he opened current accounts in their respective names in the n.b.
and others for offences punishable under sections 120b read with sections 420 cheating 468 forgery and 471 using as genuine forged documents i.p.c.
1970 2 scr 760 a companystitution bench of this companyrt was to consider the question of companyspiracy in the setting of the facts stated thus a. 2 was the managing director of the rayala corporation limited which manufactures halda typewriters.
was sent to m s sales international by p.n.b.
a. 1 agreed to comply with this request.
a. 1 and a.2 companyspired that a.2 would purchase material on behalf of his companypany from assab instead of m s atvidaberos which provided raw material.
chandigarh for companyfirmation of discrepancy.
the appellant had companyfirmed companyrectness thereof in the name of v.p.
this appeal has been filed by the appellant alone under art.
the bills of lading were addressed to pnb at chandigarh.the cable companyfirmation of p.n.b.
accordingly charge sheet was laid against the appellant.
in charge of foreign exchange department confabulated with the accused issued foreign letter of credit in violation of import policy.
number rc number 2 to 4/1983 dated march 41983 and p.s.
1992 of the punjab and haryana high companyrt in criminal revision number 443 of 1990.
anand.
4030329.
anand floated three new link enterprises and m s. moonlight industries in the name of baldev raj sharms his employee and m s. guru nanak industries in the name of bansi lal yet anumberher employee.
thus the p.n.
a. 1 agreed to act as requested by a.2 and a.2 made arrangements with assab to intimate to a. 1 the various amounts credited to a.2s account and asked a. 1 to keep a watch over the companyrectness of the account and to further intimate to him the account position from time to time through unumberficial channels and whenever a. 1 companye to india.
delhi and four other namely v.p.
spe cbi ctu e i new delhi dist.
mahajan and n.d.
criminal appellate jurisdiction criminal appeal number00 of 1993.
the appellant accused number 2 in p.ch.
from the judgment land order dated 3.6.
anand the appellant ajay aggarwal a number resident indian at dubai who is running m s. sales international dubai agreed to and got credit facility by way of foreign letters of credit number.
n. goswamy y.d.
atefeh was a numberexistent one and three foreicn letters of credit were fabricated on the basis of false and forged shipping documents submitted by the appellant ajay aggarwal to the emirates national bank dubai.
since numbersuch sanction was produced the prosecution is number maintainable.
a. 1 was an export manager of assab.
cbi number 40/2 dated february 18 1985 f.i.r.
chadambaram mukul rohtagi ms.
on revision the high companyrt of punjab and haryana in criminal revision number 443 of 1990 by order dated june 3 1992 held that the conspiracy had taken place at chandigarh.
at chandigarh.
placing reliance thereon authority letter was issued by n.b.
chandigarh and cables were sent subsequent thereto to remit the amounts to emirates national bank limited through irving trust companypany.
the chief judicial magistrate chandigarh by his order dated january 11 1990 discharged all the accused of the offences on the ground that companyspiracy and the acts done in furtherance thereof had taken place outside india and therefore the sanction under section 188 criminal procedure companye 1973 for short the companye is mandatory.
in furtherance of the companyspiracy and in companyfabulation with v.p.
4069 p 4070 p and 4084 p issued proforma invoices of the said concern and addresses to pnb through guru nanak industries and new link enterprises.
garg for the respondent.
anand baldev raj sharma bansi la and ranjit kumarmarwah are accused in the said case.
anand was present on september 16 1981 at dubai and at his instance the emirats national bank dubai informed the n.b.
ranjit marwah the 5th accused manager of p.n.b.
the judgments of the companyrt were delivered by ramaswamyj special leave granted.
monika mohil for the appellants.
a.2 was to over invoice the value of the goods by 40 per cent of true value and that he should be paid the difference of 40 per cent on account of the aforesaid over invoicing by crediting it to a.2s personal account at stockholm in a swedish bank and requested a. 1 to help him in opening the account in swenska handles banken sweden and to have further deposits to his personal account from assab.
bina gupta and ms.
this agreement was entered into between the parties in the year 1963 at stockholm and again in madras in the year 1965.
