Penal Code, 1860-Sections 120A, 120B-Conspiracy'-Criminal Conspiracy-Definition-Ingredients-Whether conspiracy punishable as a substantive offence and whether continuing offence-Offences in pursuant to conspiracy whether separately punishable.

Code of Criminal Procedure 1973-Section 188-When applicable-Conspiracy hatched at Chandigarh-Part of conspiracy at Dubai-Overt acts in furtherance of such conspiracy-Sanction not necessary.

Code of Criminal Procedure 1973-Section 188. Proviso- Construction-Requirements under.

Code of Criminal Procedure 1973-Section 188, read with Section, 4 IPC-Offence by Indian Citizen outside India-Effect of.

Penal Code, 1860-Section 120A, 1208, 468. 471-Charged under-Conspiracy at Chandigarh-Certain overt acts in furtherance of conspiracy done at Dubai-Sanction under Section 188, Cr. P.C. nοι necessary-Jurisdiction of Chandigarh Court-Scope of.

Penal Code, 1860-Section 120A, 1208, 468, 471-Charged under-Conspiracy at Chandigarh-Certain Overt acts in furtherance of conspiracy done at Dubai by a NRI-Effect of.

The prosecution case was that the appellant, a non-resident Indian at Dubai, hatched a conspiracy along with four others to cheat the Bank at Chandigarh. In furtherance of the conspiracy, the appellant got credit facility by way of Foreign Letters of Credit and issued proforma invoices of his concern and addressed to the Bank through the establishments of other accused. The Manager of the Bank, another accused, in confabulation with

the appellant and other accused, being in-charge of foreign exchange department, issued Foreign Letter of Credit in violation of import policy. The Bills of Lading were addressed to the Bank. The cable confirmation of the Bank was sent to appellant's concern at Dubai for confirmation of discrepancy. The appellant confirmed correctness thereof. Placing reliance thereon, authority letter was issued by the Bank and cables were sent subsequent thereto to remit the amounts to the Dubai Bank through one Irving Trust Company, At the instance of accused Anand, The Dubai Bank informed the Bank at Chandigarh that the discrepancy in the document adaptable to accused Anand and claimed to have inspected the goods on board in the vessel. On receipt of the information from the appellant's concern at Dubai, full amount is US Dollars 4,39,200 was credited against all the three Letters of Credit on discount basis.

The investigation established that the vessel was a non-existent one and three Foreign Letters of Credit were fabricated on the basis of false and forged shipping documents submitted by the appellant to the Dubai Bank. Thus the Bank at Chandigarh was cheated of an amount of Rs. 40,30,329.

The accused were charge-sheeted under section read with sections 420, 468, and 471, IPC.

The Trial Court discharged all the accused of the offences on the ground that conspiracy and the acts done in furtherance thereof had taken place outside India and as no sanction under section 188, Code of Criminal Procedure 1973 was produced, the prosecution was not maintainable.

The High Court in revision held that the conspiracy took place at Chandigarh and the overt acts committed in pursuance of that conspiracy at Dubai constituted offences under sections 420, 467 and 471 IPC., and they were triable at Chandigarh without previous sanction of the Central Govt. The High Court setting aside the order of discharge of the trial Court, directed to continue further proceedings in accordance with law. That order of the High Court was challenged under this appeal under Article 136 of the Constitution.

The appellant contended that he was not a privy to the conspiracy and the conspiracy did not take place at Chandigarh; and that even assuming that some of the offences were committed in India, by operation of Section 188 read with the proviso thereto with a non-obstanti clause, absence of sanction by the Central Govt. barred the jurisdiction of the Courts in India to take cognisance of or to enquire into or try the accused.

The respondents submitted that the conspiracy to cheat the Bank was batched at Chandigarh; that all the accused committed over acts in furtherance of the conspiracy at Chandigarh and therefore, the sanction of the Central Govt. was not necessary.

Dismissing the appeal.