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2012 Supreme(P&H) 364

MEHINDER SINGH SULLAR
Chief Controller of Imports & Exports, New Delhi – Appellant
Versus
Jasbir Singh Manchanda – Respondent


Advocates:
For the Petitioner:Mr. Ajay Kaushik, Advocate.
For the Respondent No.1:Mr. R.K.Battas, Advocate with Mr. Sushant Batish, Advocate.
For the Respondent Nos.2 to 4:Mr. R.P.S.Ahluwalia, Advocate.
For the Respondent No.5:Mr. Sanjiv Bansal, Advocate.

JUDGMENT

Mr. Mehinder Singh Sullar, J.:- 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 120-B IPC 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 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. 9,9
































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