9911796707
TMI Blog2024 (9) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... inafter as "the respondent"), along with five other accused, was sought to be prosecuted for the offences punishable under Section 120 B of the Indian Penal Code (for short, 'the IPC') and Sections 7,12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act'). By the impugned judgment, the High Court proceeded to discharge the respondent by setting aside the order of the learned Special Judge. 2. It is alleged in the chargesheet that one Mehul Jhaveri accused no.1 was the authorised signatory of M/s Khimji Poonja Freight Forwarders Pvt. Ltd. (for short, 'the company'). The company was functioning as a Customs House Agent in Mumbai. Acting in criminal conspiracy with one Chandubhai Kalal-accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the charge sheet is regarding the payment of Rs.3,50,000/- to Anand Singh Mall. The allegation is that Anand Singh Mall required a sum of Rs.3,50,000/- to be paid in Delhi. The case is that one R.C. Pagaria, in charge of the company in Delhi, received the sum of Rs.5,00,000/- through M/s Poornima Angadiya from the company's head office in Mumbai. As per the instructions of Mehul Jhaveri, R.C. Pagaria paid a sum of Rs.3,50,000/- to one Kishan Rajwar who received it on behalf of Anand Singh Mall. 5. Another allegation is that on 21st October 2010, the said Mehul Jhaveri informed accused no.6-Dushyant Mulani that he had sent a sum of Rs.1,50,000/- to the respondent, which has been handed over to Anand Singh Mall. The allegation in the charge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly to ascertain whether a prima facie case of commission of offences alleged has been made out against the accused. She submitted that the main allegation in the charge sheet against the respondent was of involvement in the conspiracy. When the amounts of Rs.3,50,000/- and Rs.1,50,000/-, respectively, were paid to Anand Singh Mall, the respondent was the company's Managing Director. The amount was paid on behalf of the company. She submitted that the High Court should not have discarded the intercepted conversation at this stage. She submits that a prima facie case was made out to proceed against the respondent. 8. Learned senior counsel appearing for the respondent supported the impugned order. He submitted that the respondent is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allegations of being part of a criminal conspiracy are made against the respondent. As regards payment of illegal gratification of Rs.3,50,000/- and Rs.1,50,000/- respectively paid to Anand Singh Mall, in the charge sheet, the allegation against the respondent is that the respondent in conspiracy with Mehul Jhaveri abetted the offence of bribery and arranged for payment of illegal gratification of Rs.3,50,000/- to Anand Singh Mall at Delhi through one Kishan Rajwar, who happens to be the respondent's nephew. Further allegation is that Mehul Jhaveri, in conspiracy with the respondent and one Dushyant Mulani, arranged to deliver illegal gratification of Rs.1,50,000/- to Anand Singh Mall in Mumbai. 10. The prosecution is not relying upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat "A Mall - ad-hoc as per the list attached show to DM - Rs.3,50,000/-". It must be noted here that in the reply submitted by the appellant to the application for discharge, it is stated that the letters 'DM' stand for Dushant Bhai Mulani and not Dilip Mulani (respondent) 12. Regarding payment of Rs.1,50,000/- to Anand Singh Mall, the diary maintained by the accused no.1 shows that there is an entry "Anand Mangal - trans to DM @ APO - Rs.1,50,000/-". Thus, in this entry, the reference is also to Dushyant Mulani. 13. The High Court has elaborately dealt with this material. The High Court has examined the statements of the witnesses and documents which were a part of the charge sheet. The High Court has observed that in the diary entries ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
