Brief factual matrix of the case is that a companyplaint was filed Signature Not Verified by the Manager of ICICI Bank against M s R.A. Distributors Pvt.
Statement of other witnesses viz.
HONG KONG, 05 S. AL SABA GENERAL TRADING FZE, DUBAI, 06 DAIMUR GEMS JEWELLRY LLC LTD HONG KONG and thereby companymitted the offence of cheating the Government of India.
Ltd its Directors, namely Shailesh Rameshbhai Patel and Aniket Ashok Ambekar under Sections 420, 465, 467, 468, 471, 477A and 120B IPC.
Based on the aforesaid companyplaint, FIR No.16/2014 dated 11.04.2014 was registered against M s R.A. Distributors Pvt.
Based on further investigation, namely statement of witnesses, bank transactions and companyy of Call Details Record between respondent and Madanlal Jain and other accused, second supplementary charge sheet was filed arraigning the respondent as accused No.1 and Amit Bilal Haroon Gilani as accused No.2.
Since on account of my business I knew some financial, I agreed to do business with them.
Ltd. was recorded on 18.10.2014.
According to the prosecution, bank statement of account of respondent accused in the Union Bank of India, Nanpura Branch from 31.12.2013 to 25.03.2014 reflects crores of money having been transferred from Natural Trading Company account to respondents Company Nile Trading Corporation.
The High Court granted bail to the respondent accused in FIR No.16/2014 vide order dated 05.03.2015.
The respondent accused Afroz Hasanfatta was arrested by the police officers of DCB Police Station, Surat on 20.08.2014 for investigation in companynection with FIR No.16/2014.
Ltd. Digitally signed by alleging that they hatched a companyspiracy and as a part of this MAHABIR SINGH Date 2019.02.05 172951 IST Reason companyspiracy, stated that their companypany is importing rough diamonds and polished diamonds from the foreign market and selling the same in the local market of Surat and Mumbai and by so stating, opened a current account on 13.12.2013 in ICICI Bank, Shyam Chambers, opposite to Sub jail, Surat.
During the companyrse of further investigation, statement of witnesses C.A. Surendra Dhareva, Amratbhai Narottamdas Patel and elder brother of the respondent accused Jafar Mohammed Hasanfatta, was recorded under Section 161 Cr.
Charge sheet was filed under Section 173 Cr.
During the companyrse of investigation, statement of one Prafulbhai Mohanbhai Patel was recorded under Section 161 Cr.
Case of the prosecution is that the aforesaid accused along with others hatched a criminal companyspiracy to cheat the Government of India by siphoning off huge amounts of money through Hawala.
The said FIR did number companytain the name of the respondent herein.
Thereafter, as asked by Madanlal Jain and Afrozs person Amit Bilal Gilani, I did make balance of approximately Rs.500 crore in the Bank account of Axis Bank and ICICI Bank during the period from September, 2013 to February, 2014 through RTGS NEFT.
Ltd. Statement of Samir Jiker Gohil, Manager of the said Nile Industries Pvt.
According to the appellant, in the said first supplementary charge sheet, the respondent accused was number added as an accused as the statutory period for filing charge sheet in the case of respondent accused had number expired.
In the said charge sheet, the respondent accused was referred to as a suspect.
Babubhai Kanjibhai Patel, partner of S. Babulal Angadiya and Pravinbhai Jethabhai Patel, Manager of Babulal Angadiya was recorded on 11.08.2014.
The first supplementary charge sheet was filed under Section 173 8 Cr.
The respondent accused is the sole proprietor of the Nile Industries Pvt.
P.C. in Criminal Case No.55259/2014 against Madanlal Manikchand Jain on 30.09.2014.
Sometimes, Johan, person of Amit also used to companye with cash at my office situated at U 7, Abhinandan Complex, Magob Patiya and this cash was given by me to my known persons Dipak Suchak and Harshadbhai Modi, financiers who are doing business of companymission and RTGS.
Ltd. owned by Madanlal Jain.
The companyplainant, in his companyplaint had stated that the accused mentioned in the companyplaint, had hatched a criminal companyspiracy and in all, deposited 17 bogus and fabricated Bill of Entries and had presented the said forged Bills of Entries before the ICICI Bank, Surat and thus illegally transferred Rs.104,60,99,082/ through Hawala to Dubai and Hong Kong to different companypanies and had cheated with Government of India.
BANUMATHI, J. Leave granted.
As discussed earlier, along with the second supplementary charge sheet, number of materials like statement of witnesses, Bank statement of the respondent accused and his companypany Nile Trading Corporation and other Bank Statement, Call Detail Records and other materials were placed.
This appeal arises out of the order of the High Court of Gujarat dated 03.05.2017 allowing the Criminal Revision No.264 of 2017 in and by which the High Court has set aside the order dated 15.11.2014 passed by the Chief Judicial Magistrate at Surat by which the Magistrate had taken companynizance of the offences punishable under Sections 420, 465, 467, 468, 471, 477A and 120 B IPC on the basis of the second supplementary charge sheet filed by the police in Criminal Case No.62851/2014 and ordered issuance of process to the respondent accused.
Whatever the cash amount, I have transferred through RTGS NEFT by financier in the bank account of Madanlal jain of Axis and ICICI Bank, out of which some amount was sent by Narendra Jain, person of Madanlal Jain Amit Bilal Gilani person of Afroz Fatta though P. Umesh Firm and through S Babulal Firm.
P.C. on 01.08.2014 and as per the prosecution, the said statement of Prafulbhai Patel implicates respondent accused Afroz Mohammed Hasanfatta and the other accused persons namely Madanlal Manikchand Jain and Amit Bilal Haroon Gilani.
Based on the second supplementary charge sheet, companynizance was taken of the offences under Sections 420, 465, 467, 468, 471, 477A and 120B IPC in Criminal Case No.62851/2014 on 15.11.2014 and the Magistrate ordered issuance of summons against the accused arraigned thereon including the respondent Afroz Hasanfatta.
Further bank statement of Nile Trading Corporation also reflects credit of huge amount into its account from Gangeshwar Merchantile Pvt.
On verification of Bills of Entry produced by M s RA Distributors, 17 Bills of Entries were found to be bogus.
P.C. As per the prosecution, the said statement of Jafar Mohammed Hasanfatta, elder brother of respondent accused shows that the respondent has arranged to transfer Rs.3,00,00,000/ into the account of his brother Jafar Mohammed Hasanfatta through RTGS from Natural Trading Company, owned by companyaccused Madanlal Jain.
Based on the charge sheet and the materials produced thereon when the Magistrate satisfied that there are sufficient grounds for proceeding, the learned Single Judge was number justified in examining the merits and demerits of the case and substitute its own view.
P.C. in Criminal Case No.47715/2014 on 18.08.2014 against two persons namely Sunil Agarwal and Ratan Agarwal.
The respondent accused filed Criminal Revision Application No.264 of 2017 before the High Court of Gujarat assailing the order dated 15.11.2014 passed by the Chief Judicial Magistrate, Surat.
Sub jail, Surat between 13.12.2013 to 24.02.2014 and had forwarded Rs.104,60,99,082/ to 01 MABOOK TRADING FZE, DUBAI 02 NIPPON INCORPORATION LTD HONG KONG 03 CORNELL TRADING HK LTD HONG KONG 04 AL ALMAS FZE LTD.
