It is contended that the complainant is one of the partners of M/s Hexagon Laboratories (India), a registered partnership firm. Vijaya Patil and Rathi Menon are also partners. Tanaji Patil is Vijaya's brother-in-law. Dr Sampatrao Patil is her husband and works at National Chemical Laboratory (NCL).

Tanaji Patil and Dr Krishnaunni Menon alongwith one Dr Ashok Patil of SKB Pharmaceuticals Private Limited, USA set up a private limited company -- Hexagon Expo Chem Pvt Ltd.

The complainant is an active partner of the firm while the other two were sleeping partners. Smithkline Beecham Pharmaceuticals, a US-based company has been their regular customer for three years. The company received orders assisted by Ashok Patil. In March 1994, approximately 1400 plants were supplied to Hexagon Laboratories for extraction. Part work was done by Hexagon Laboratories for extraction and BL 975 (the product) was taken by Hexagon Expo Chem Pvt Ltd and supplied to S B Pharmaceuticals in USA.

But the amount received from S B Pharmaceuticals was not deposited in the account of Hexagon Laboratories. On enquiry, the complainant came to know that the accused, to further their common intention, submitted false bills in the name of Hexagon Expo Chem Pvt Ltd. In July 1995, he once again stumbled upon the delivery of goods to Hexagon Expo Chem Pvt Ltd by S B Pharmaceuticals under the pretext that the order was placed for the same by S B Pharmaceuticals to Hexagon Expo Chem Pvt Ltd by using the good offices of Ashok Patil.

It is further alleged that the record was also falsified showing that Hexagon Expo Chem Pvt Ltd had manufactured plants from Hexagon Laboratories which was formed by Tanaji Patil and Dr Krishnaunni Menon. It is alleged that the accused had delivered the goods/samples to S B Pharmaceuticals by Hexagon Laboratories in the name of Hexagon Expo Chem Pvt Ltd and misappropriated the amount, received by them and not depositing the same with the Hexagon Laboratories account.

They had given false information to the Director General of Foreign Trade (DGFT) to obtain the false code number. It is revealed that S B Pharmaceuticals had never terminated the contract with M/s Hexagon Laboratories. Even then the order was obtained by showing that Hexagon Expo Chem was a subsidiary of Hexagon Laboratories. It is also alleged that the accused unauthorisedly removed 440 samples from Hexagon Laboratories and delivered these goods to S B Pharmaceuticals.

Taking the documentary evidence and oral evidence into consideration, the charges were framed.