1 wp-3234-09gr.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3234 OF 2009 Bhaskar Sen, Chairman .... Petitioner vs 1 The State of Mahaarashtra 2 Prakash Prabhakar Menon .... Respondents WITH CRIMINAL APPLICATION NO.219 OF 2010 The State of Maharashtra ... Applicant vs. Bhaskar Sen .. Respondents (Orig.Accused no.1) Ms.Shabana Shah i/b Mr.O.A.Siddiqui & Mr. Rajendra Rathod for the petitioner. Mr. J. P. Yagnik, APP for the State-respondent no.1. Mr.Nitin Pradhan, Sr. Advocate with Ms.Shubhada Khot and Ms.Ameeta Kuttikrishnan for respondent no.2. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 2nd August, 2010 P.C.: Heard. 2 We have perused the statement of Shri Prakash Prabhakar Menon recorded on 20.11.2008 by the Shivaji Park Police Station, Mumbai so as to register CR No. 299/2008. The said CR came to be transferred to the Economic Offences Wing, 2 wp-3234-09gr.sxw Unit III, Crime Branch, CID, Mumbai and registered as CR No.89/2008 for the offences punishable under Sections 465, 467, 468, 471, 420 and 120-B of IPC. Shri Namdeo Rode, Police Inspector attached to the EOW, Unit-III, has filed an affidavit in reply. 3 It was allegedly represented by M/s. BCC Shipping & Ship Building Ltd. were awarded a contract for setting up of a Ship Repair Complex at Paradip, Orissa on “Built, Own & Transfer” (BOT) basis. The present petitioner was the Chairman and Managing Director of the said company along with Shri Subhod Sapre as one of the Directors. It was also represented allegedly by the said company that an amount of Rs.20 crores was released by the Government of India towards the subsidy; Mobilization Advance payment of Rs.200 crores to M/s.BCC Shipping & Ship Building Ltd. by Ministry of Surface Transport and a further payment of Rs.8.5 crores by way of compensation for the delays in advance by the Government of India. It was also allegedly represented that the Prime Minister was scheduled to visit to lay the foundation stone within a short period. On the basis of these mis-representations the complainants were lured to sign an agreement on 06.10.2000 and to pay EMD of Rs.5 crores (Earnest Money Deposit). On 12.03.2001 a supplementary agreement came to be signed providing for interest. However, the complainants were surprised to read a news item on 16.11.2003 in the “Time of India” and on the next day in the “Indian Express” that the Port Trust had already cancelled the project in October 1997 and that is how the complainant/company i.e.M/s.Accrate Exim Private Limited started correspondent with M/s. BCC Shipping and Ship Building Ltd. Kolkata. The 3 wp-3234-09gr.sxw affidavit of IO further states that he had approached the Government of India regarding the authenticity of some of the documents and by the letter dated 28.08.2009 he had been informed that the Government of India did not issue any such letters to M/s.BCC Shipping and Ship Building Ltd. and they appeared to be fabricated. 4 On the totality of these circumstances as placed before us, we are satisfied that the complaint lodged initially with Shivaji Park Police Station and subsequently transferred to EOW, calls for investigation and it cannot be said that there is no prima facie material to undertake the investigation into the said complaint. 5 Hence, this petition must fail at the threshold and the same is hereby rejected. 6 An ad-interim order stands vacated. 7 An oral application to continue the stay is hereby rejected. 9 Criminal Application No.219 of 2010 filed by the State of Maharashtra does not survive and is disposed as such. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)