Sudesh Kumar VS. State Of Uttarakhand

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Sudesh Kumar VS. State Of Uttarakhand

The Judgement Information System CASE NO.: Appeal (crl.) 834 of 2008

PETITIONER: M. Natarajan RESPONDENT: State by Inspector of Police, SPE, CBI, ACB Chennai DATE OF JUDGMENT: 07/05/2008

BENCH: P.P. Naolekar & V.S. Sirpurkar JUDGMENT: JUDGMENT 1

"REPORTABLE"

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.834 OF 2008 (Arising out of SLP (Criminal) No.5134 of 2005)

M. Natarajan Versus State by Inspector of Police, SPE, CBI, ACB Chennai WITH

CRIMINAL APPEAL NOs.835 OF 2008 (Arising out of SLP (Criminal) No.5135 of 2005)

M. Natarajan Versus State by Inspector of Police, SPE, CBI, ACB, Chennai JUDGMENT

V.S. SIRPURKAR, J.

1. Leave granted.

2. The challenge in these appeals is to the common judgment of the learned Single Judge of the Madras High Court whereby the High Court has dismissed the Criminal Revision Case No.538 of 2005 and Criminal O.P. No.21636 of 2005 filed by the appellant herein.

3. Following facts will highlight the controversy involved.

4. One Dr.S. Balakrishnan, purchased the Toyota Lexus Car which was sent by Ship to Madras Port in July, 1994. His son Yogesh Balakrishnan presented certain documents for getting clearance of the said car from the

2 Customs Department. One such document was a letter dated 8.9.1994 authored by the appellant herein Shri M. Natarajan who is the publisher of a magazine called "Tamilarasi" which publication had commenced in the year 1992. He is also the author of bi-monthly magazine "Pudiya Paarvai"

which surfaced in the year 1993. One Baskaran was said to be assisting the appellant being the incharge of these publications. The said letter dated 8.9.1994 which was used by accused Yogesh Balkrishnan was authored by the appellant and addressed to the Manager, Indian Bank, Abiramapuram, Madras on behalf of Tamilarasi publication to the following effect: "We invite reference to the various remittances made by our purchase creditors on 22.6.94 into our account, and would like to inform you that a sum of Rs.12 lacs remitted relates to the remittances made by our Foreign buyers of our weekly and fortnightly magazines.

Kindly issue a Foreign Inward certificate for this sum of Rs.12 lacs."

On the basis of this letter the Foreign Inward Certificate, as sought for by the appellant, was issued by the bank. U...

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