TaxTMI 
TaxTMI 
2025 (11) TMI 617
X X X X Extracts X X X X
X X X X Extracts X X X X
....untries including Dubai, London and USA in the year 2019. In order to promote export, the Government of India had issued various guidelines and provided various benefits/incentives to the Exporters to encourage the inflow of foreign exchange which can be claimed by the exports which included as follows : (a) Duty Drawback - This is automatically transferred into the accounts of the exporters' account as and when the process of export is over. (b) GST - This is automatically transferred into the accounts of the exporters' account as and when the process of export is over. (c) RoSCTL - This can be claimed online through the website of the Directorate General of Foreign Trade (DGFT) with the help of DSC Keys (Digital Signature Certificate Keys) which is a secrete key code provided online to the owner of the Company or the person authorized by the owner of the company by the DGFT after the exports are applied. The whole process is being done online after having certain secret and encrypted password given by DGFT. 3. According to the Complainant from April to May 2019 it made an export of goods worth Rs. 30,12,68,247/- to UAE on which ROSCTL dues were i....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Petitioner has also paid a commission of Rs. 23,234/- to Vijay Sethia and Rs. 5,60,000/- to Alip Kumar Das. 8. It is stated that during the investigations, Alip Kumar Das, Sunny Cheria and Ajay Sandhu @ Anil @ Billo who were all in connivance with each other and had forged various documents of M/s Colourful Fashion Hub, the Complainant and photographs and video of Mr. Pankaj Kumar, Director of the Complainant by impersonating and secured the DSC keys and subsequently sold the scrips to M/s M.S. & Sons. 9. The Chargesheet was filed in the Court of Ld. CMM, New Delhi on 10.09.2020. The Investigating Officer categorically stated that Petitioner herein is a bona fide purchaser of the Scrips which were sold by the accused persons in connivance with each other to M/s M.S. & Sons, who in turn sold it to M/s Renuja Enterprises which in turn sold it to M/s Kanak Exim by earning nominal commission. 10. It is further stated that while Rs.50 lacs out of Rs. 1,42,49,880/- were transferred, the remaining amount of Rs.86,00,000/- could not be transferred to the Bank Account of the accused persons as the I.O himself apprised about the fraud and instructed M/s M.S. & Sons and M/s Kanak Ex....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e etc., but the Application was subsequently withdrawn. 16. On 10.07.2021 Notice under Section 91/160 Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") was served upon the Applicant to produce the original Scrips License, which were sent by the Applicant through post. Further, the Applicant on 20.10.2021 sent a letter to the I.O. apprising him about the misunderstanding with the Counsel in filing the aforesaid Application on behalf of M/s Renua Enterprises through Applicant instead of M/s M.S. & Sons. The Applicant also informed the I.O. that on 09.11.2021 he would be coming to Delhi. 17. It is stated that the case of the Prosecution is that the Applicant deliberately knowing that the said scrips have already been utilized, tried to misguide the Investigation Agency. From the Reply received from M/s M.K. Agrotech and M/s Kanak Exim in August, 2021 it was stated by the I.O. that the Applicant had received a sum of Rs. 1,49,31,396/- from M/s Kanak Exim on 11.05.2020 as sale consideration of these Scrips. 18. It is further alleged by the Prosecution that the Applicant on behalf of M/s M.S. & Sons and M/s Renuja Enterprises, had purchased these scrips lic....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... join the investigations. The Bail Application No.1964/2023 was allowed by this Court vide Order dated 12.03.2024 subject to the condition that the Applicant shall deposit Rs. 1,00,00,000/- before the Registrar General of this Court within a period of three months. 26. An SLP Crl. No. 9016/2024 was filed before the Supreme Court on 06.07.2024 against the condition of deposit of Rs. 1 Crore while securing Anticipatory Bail. However, this Petition was dismissed by the Apex Court on 18.07.2024 with liberty to the Applicant to approach the High Court by moving an Application for appropriate relief. 27. Consequently, the Applicant filed a Crl. M.A No.22052/2024 before this Court seeking modification of the Order dated 06.07.2024. This Application was withdrawn by the Applicant on 30.09.2024 and also the Bail Application No.1964/2023 before this Court and it was dismissed as withdrawn. 28. The Ld. Trial Court issued the process under Section 82 Cr.P.C against the Applicant on 09.04.2025. He then moved an Application dated 04.06.2025 before the Ld. Trial Court for the cancellation of the process under Section 82 Cr.P.C. The Notice was issued on the Application of the Applicant on....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ad duly paid the sale consideration. It is further alleged that the Complainant is not a genuine exporter. He had secured the Scrips illegally by misguiding the Government Authorities. The GST number of the Complainant had been cancelled suo moto by the GST Department. Further, till now, no ITR Return had been filed by the Complainant before the Income Tax Authority. The Importer Exporter Code is also deactivated. The Complainant has not secured a Bank Realization Certificate to confirm receipt of Rs.301268247/- from the buyers in UAE on account of export. The Complainant in fact did not export the goods and fraudulently availed the RoSCTL benefits of Rs. 1,54,89,000/-. 34. The I.O had filed his Reply dated 12.07.2021 to the Protest Petition preferred by the Complainant which is pending. It is stated in the Reply by the I.O that the Applicant is a victim of offence committed by the Accused and has no role whatsoever in the commission of alleged offence. 35. The Bail Application has been wrongly dismissed by learned AJ on 17.07.2025 on the ground that there is no material change in the circumstances since the dismissal of earlier Anticipatory Bail Application. 36. It has no....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing to be unfit to travel between 14.12.2022 and 21.12.2022. The record reveals that during the same period, he had appeared before the Court of Judicial Magistrate, Faridabad on 14.12.2022 in CIS No.CH/1245/2022 which clearly reflects that the Medical Certificate was fabricated. 41. On account of persistent non-cooperation, the I.O moved an Application on 04.01.2023 and NBWs were issued by the court. A Raid was conducted on 19.01.2023 at Mint Street address, Chennai, but it was found to be only a commercial office and not the residential premises. Local enquiry revealed that the Applicant resided in Osian Heights Apartment, Chennai. The flat was found locked and the copy of the NBW were pasted at the premises. 42. The Applicant further misled even Madras High Court by giving the Minst Street address as his residence in his Petition, while concealing that NBWs had already been issued against him. The Ld. CMM on the Application of the Applicant, had cancelled the Warrants on 03.03.2023 subject to the condition that he shall furnish his correct residential address and shall appear before the I.O on Notice. It was clarified that this cancellation did not curtail I.O's power to i....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... investigations. He further undertakes to deposit Rs.5 lakhs which was the profit earned by him. 50. The State has argued on similar lines as the Status Report. It is stated that his three Anticipatory Bail Applications have already been dismissed by this Court. Even SLP filed against the Bail Order of this Court has been dismissed with liberty to approach this Court. The Modification Application along with fresh Bail Application filed by the Applicant already stands withdrawn. Vide Order dated 30.08.2024 the Anticipatory Bail granted by this Court, stands recalled. The process under Section 82 Cr.P.C. already stands executed disentitling him to any Bail. 51. Moreover, repeated Bail Applications have been filed which have all been dismissed or withdrawn. The Protest petition has been filed by the Complainant and further investigations and still ongoing and the Supplementary Chargesheet is yet to be filed. The Bail Application is, therefore, opposed. 52. Learned counsel for the Complainant has explained that the five scrips were transferred on the same day; the first to whom the RoSTL license got transferred was M/s M.S. & Sons of which Mohendra Kumar Jain, brother of the A....
X X X X Extracts X X X X
X X X X Extracts X X X X
....396/- through fraudulent transfers of the original scrips in the Company of M/s M.S & Sons to M/s Renuja Enterprise and thereafter, to his Company on the same day. These companys are all held by his family members and himself. There has been no change of circumstances whatsoever in favour of the Applicant. 58. It is pertinent to note that as per the State, despite repeated Notices under Section 41 Cr.P.C in December, 2022, the Applicant submitted a Medical Certificate which is a fabricated document. It clearly shows his conduct in avoiding to join the investigations. Pertinently, the address given by the Applicant of Mumbai was found to be his office address and the NBWs that were sought to be executed at his residential premises, could not be executed as the flat was found locked. NBWs got pasted on the door of his flat. 59. From this entire conduct of the Applicant, it is evident that despite being aware of the pending investigations, he has been deflecting to join the investigations, but has been repeatedly trying his luck to somehow get the Bail. Pertinently, since then the process under Section 82 Cr.P.C. has already been executed against him and he had been declared an ....