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1999 DIGILAW 826 (RAJ)

Pramod Ahaluwalia v. The State of Raj

1999-07-08

M.A.A.KHAN

body1999
JUDGMENT 1. - Heard M/s. Laksh Cement and Minerals Private Limited is a Company limited by shares and duly incorporated under the Indian Companies Act, 1956. Smt. Pramod Ahaluwalia, Kabul Chand Ahaluwalia and Mehar Chand Gupta are the promotor Directors of the said Company. The Company was manufacturing cement. It is alleged that in the month of January, 1995, the aforesaid Company entered into an agreement with Gulshan Kumar Chawla, Dinesh Kumar Malik and Satish Kumar Choudhary whereby the aforesaid three persons agreed to provide financial assistance to the extent of Rs. 5.25 lacs. It was further agreed between the parties that after to completion of all the formalities of initial set up for the production of the Company, i.e. disbursement of term loan, subsidy and commencement of commercial production etc. equity share holders i.e. the aforesaid three persons or any of them, would be inducted as Director in the said Company. In pursuance of such agreement, the aforesaid three persons, who have jointly filed the FIR against the present applicant and other Directors of the Company, advanced a sum of Rs. 3.50 lacs, from time to time, through cheques. It appears that the said Company thereafter, entered into commercial production. The informants applied for allotment of equity shares. The Company noted that the amount of Rs. 3.50 lacs, advanced by them to the Company, from time to time , was insufficient to meet the demand of the number of shares applied for by them. The Company, therefore, issued call letters on 28.7.95, 20.10.95, 15.12.95 and 10.1.96 requiring the informant to make the deficiency of the arnbunt good so that equity shares might be allotted to them. It is alleged that the informants did not respond to the above call letters issued by the Company. The Company, therefore, allotted equity shares to them in proportion to the amount advanced by them to the Company, from time to time. Information regarding allotment of the equity shares was duly given to the Registrar of Companies. The required licence to carry on its manufacturing activities was also issued to the Company on 22.4.97. 2. It is in this background that the informants alleged that the Directors of the Company have cheated them of their money. Information regarding allotment of the equity shares was duly given to the Registrar of Companies. The required licence to carry on its manufacturing activities was also issued to the Company on 22.4.97. 2. It is in this background that the informants alleged that the Directors of the Company have cheated them of their money. On the basis of the report of the informant, FIR No. 119/98 under section 420, 406 and 120B IPC has been registered against the present applicant and other Directors of the Company with P.S. Bajaj Nagar, Jaipur. 3. have heard learned counsel as also the learned Public Prosecutor at length, and have gone through the case diary and other relevant and material record placed before me. The record placed before me relates to the agreement between the parties, various call letters issued by the Company to the three informants, the postal receipts of issuing such letters, minutes of the proceedings of share allotments made by the Board of Directors at their meeting etc. etc. 4. In view of the above, it is directed that in the event of her arrest, the applicant Smt. Pramod Ahaluwalia w/o Shri Kabul, accused in FIR No. 119/98 P.S. Bajaj Nagar, Jaipur shall be released on bail on her furnishing two sureties in the amount of Rs. 10,000/- (Rs. ten thousand) each with a personal bond in the sum of Rs. 20,000/- (Rs. twenty thousand) to the satisfaction of the Officer arresting her and shall observe the following conditions : (1) That the applicant shall make herself available for Interrogation by a Police Officer as and when required; (2) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (3) that the applicant shall not leave India without the previous permission of the Court. This order shall remain in force till the expiry of one month after the submission of the charge - sheet, if any, against the applicant. During the meanwhile, the applicant may appear before the Court concerned and pray for regular bail there. Bail granted. *******