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TMI Blog2018 (5) TMI 2172X X X X Extracts X X X X X X X X Extracts X X X X ..... ns 406/409/420/468/471/188/120B IPC. Sections 467/109/201/34 IPC and Section 7/8/11/12/13 of Prevention of Corruption Act, 1988 were also added during the course of investigation. 2. Brief conspectus of facts as per FIR No. 205/2016 are that on 8th November, 2016 pursuant to the demonization of one thousand and five hundred rupees currency notes announced by the Government of India, Raj Kumar Goel conspired with Ashish Kumar, Bank Manager of Kotak Mahindra Bank, one Chartered Accountant and one mediator who used to bring money to the bank to earn huge profits by converting black money in the form of old demonetized currency into new currency notes. The alleged mediator was offered commission on all such transactions. Raj Kumar Goel, having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son Prateek Jain proprietor of Shrinivas Sales Corporation. As per the investigation even the work of Shrinivas Sales Corporation was looked after by Rajesh Jain. A major amount of cash in the form of demonetized currency was deposited in the accounts of Yashoda Sales, P.S. Sales, Padam Trading Company and P.K. Enterprises during demonetization period and an amount to the tune of ` 3,95,00,000/- was transferred to the account of M/s. Jai Jinendra Sales Corporation between 15th November, 2016 and 5th December, 2016 and ` 4,13,63,180/- was transferred to Shrinivas Sales Corporation between 15th November, 2016 and 12th December, 2016. 5. It was further alleged that the money so received in the accounts of M/s. Jai Jinendra Sales Corporation a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount out of which 10% was to be retained by Yogesh Mittal, was deposited in the pre existing firms of Yogesh Mittal namely Yashoda Sales, P.S. Sales, M.S. Enterprises, Nikhil Enterprises, K.S. Traders etc. and from there a sum of ` 3.95 crores has been transferred to the account of M/s. Jai Jinendra Sales Corporation, firm of Prateek Jain, son of the petitioner and a sum of ` 4,13,63,180/- to M/s. Shrinivas Sales Corporation, firm of the petitioner, which was further transferred to the accounts of Govind Babu and Naveen Somani. Thus the petitioner is neither the beneficiary of the transaction nor money has been utilized for his personal benefits and the liability, if any, was of Yogesh Mittal and merely the two accounts of the firms M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he two firms of Rajesh Jain through RTGS/NEFT from the accounts of firms namely Yashoda Sales and P.S. Sales of Yogesh Mittal. The money was thereafter transferred to the accounts of Govind Babu and Naveen Somani to fulfill the liabilities of the firms. To explain the transactions learned Standing Counsel for the State has handed over a flow chart as under: 8. FIR No. 205/2016 registered at PS Crime Branch relates to collections of ` 38 crores from Dinesh Bhola, employee of Rohit Tandon which was deposited in the various accounts of Yogesh Mittal and Raj Kumar Goel wherein 35% commission was charged out of which 10% commission was of Ashish Kumar, 10% of Yogesh Mittal, 10% of Raj Kumar Goel, 4% of the remaining persons and 1% for miscellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Mittal without an agreement however in April, 2010 first agreement was entered into between the firms Star Contracts Pvt. Ltd. of Yogesh Mittal with Harsh International Khaini Pvt. Ltd. wherein Yogesh Mittal was the C& F agency. This business continued till September, 2013. In February, 2011 Yogesh Mittal started his business with another firm Paras Trading Company. Later they entered into an agreement with Inderprashtha Trading Pvt. Ltd. whose proprietor was Mohd. Naushad but the entire transaction was done by Yogesh Mittal. He has further given the names of various firms of Yogesh Mittal with which he did business, that is, Akul Exports Pvt., Virukti Enterprises, Jai Jinendra Enterprises, Shrinivas Sales Corporation. He stated that tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h demand drafts were made which were recovered from Kamal Jain, CA of Rohit Tandon. As noted above Rohit Tandon has not been arrested in this FIR and charge sheet in the above noted FIR was filed against Rohit Tandon, Kamal Jain and Dinesh Bhola, the main accused without arrest and on appearance before the Court, bail was granted to them. Further Yogesh Mittal has also been granted bail though for technical reasons. Evidence is documentary in nature and the trial is likely to take some time. Hence, this Court deems it fit to grant bail to the petitioner. It is, therefore, directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ` 1 lakhs with one surety of the like amount to the satisfaction of the le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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