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Judgment
Yogesh Mittal,
Rajesh Jain
Raj Kumar Goel (RKG)
meeting with Kamal Jain
Manager at GK Branch, where RT 1. RKG was maintaining
and Dinesh Bhola for
conversion of was maintaining his accounts and 8 accounts in the name of
his demonetized currency, thus, known to RT, Kamal Jain and dummy firms at Kotak
who contacted Ashish Dinesh Bhola. MahindraBank Naya Bazar
Kumar. 2. Yogesh Mittal is having Branch and 4 accounts in ICICI
Ashish Kumar accounts in Ambadeep Branch and Bank, Fatehpuri Branch.
organize d a meeting with thus, known to Ashish Kumar.
RKG who presented 3. Yogesh Mittal and RKG 2. He deposited
himself on behalf of are in same type of business and demonetizedcurrency in his
Yogesh Mittal. were known to each other. accounts in home branch from
The deal was finaliz ed 10.11.2016 to13.11.2016 and
at a commission of 35%.
thereafter at Ambadeep Branch
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form 15.11.16 to 19.11.16.
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crores as commission.
Sales, b) PS Sales, c) MS the name of Sunil Kumar and
The demon etized Enterprises, d) Nikhil Enterprises, e) Dinesh Kumar.
currency was deposited in KS Traders, etc.
accounts of firms of RKG 2. About rupees 8 crores have been 4. He also deposited the
and Yogesh Mittal and transferred to the account of firms of commission amount of Ashish
DDs were issued. Rajesh Jain namely Srinivas Sales Kumar in his accounts and got
The commission Corporation and his son Prateek Jain issued DDs in the name of
amount was deposited in namely Jai Jinendra Sales Seema Bai, Madan Kumar, etc.
dummy firms of Yogesh Corporation through RTGS/NEFT
Mittal. from the accounts of firms namely
7.68 DDsw ere
Yashoda Sales and PS Sales.
recovered from the 3. The money received in accounts
possession of Kamal Jain.
of above firms has been utilized to
fulfil the liabilities of the firm.
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 miscellaneous expenses. Thus, it is the
case of prosecution that 65% of ₹38 crores were deposited in the accounts of the different firms of Yogesh Mittal and Raj Kumar Goel and thereafter
demand drafts were prepared in fictitious names. Further, 35% of ₹38 crores of demonetized currency i.e. approximately ₹13.30 crores as
commission was deposited in various accounts of Yogesh Mittal and Raj Kumar Goel and their associates. Role of the petitioner is not concerned
with the balance 65% amount which was deposited in the various accounts of Yogesh Mittal and Raj Kumar Goel and their associates, whereafter
drafts were got prepared in the first name of various employees of Rohit Tandon to be encashed later on. Role assigned to the petitioner is confined
to the amount of approximately ₹8 crores in the two firms of Rajesh Jain, that is, Shrivinas Sales Corporation and Jai Jinendra Sales received from
Yashoda Sales and P.S. Sales which was then transferred to M/s Harsh International Khaini Pvt. Ltd. of Govind Babu and M/s H.B.Manufacturing
Industries Pvt. Ltd. of Naveen Somani. In this regard it would be relevant to note the statements of Govind Babu and Naveen Somani recorded under
Section 161 Cr.P.C.
9.As per Govind Babu, he was doing the business of tobacco and was running the company Harsh International Pvt. Ltd. where he had 60%
shareholding. In March/April, 2010 he met Yogesh Mittal in his office who sought the dealership of his product. For some time he supplied material
to Yogesh 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 though the proprietor of these firms were someone else but he was actually doing the business with Yogesh Mittal
and that he would produce the ledger accounts of all his businesses with Yogesh Mittal in the year 2016-2017 in the various firms namely Shrinivas
Sales Corporation, Jai Jinendra Sales Corporation, GSK Enterprise, Yashoda Marketing, Sujay Marketing Company with his company Harsh
International Pvt. Ltd.
10.Even Naveen Somani stated that since June, 2009 his firm H.B. MFG Industries Ltd. was doing business with Yogesh Mittal initially in the name of
the firm Kanak Traders, then Akula Marketing Company, thereafter Aman Traders followed by Ratnakar Enterprises, Vistar Exports Pvt. Ltd., Sujay
Marketing Company, Shrinivas Sales Corporation, Yanti Marketing and Jai Jinendra Corporation. Though these firms were in the name of some other
individuals however, the business was conducted by Yogesh Mittal.
11.From the statements of these two witnesses of the prosecution, it is evident that 10% commission of Yogesh Mittal was deposited in the various
firms from where approximately ₹8 crores was transferred to the two firms of petitioner namely Shrinivas Enterprises and Jai Jinendra Sales
Corporation over to the firms/companies of Govind Babu and Naveen
Somani in discharge of the liability of Yogesh Mittal. Petitioner, if at all is a beneficiary for a sum of ₹2 lakhs the petitioner has no role in the deposit
of cash in the accounts of Raj Kumar Goel or Yogesh Mittal from which 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 learned Trial Court/CMM further subject to the condition that
the petitioner will not leave the country without prior permission of the Court concerned and in case of change of residential address the same will be
intimated to the Court concerned.
12.Petition is disposed of.
13.Order dasti.