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Patna High Court · body

2007 DIGILAW 759 (PAT)

Sabyasachi Hajra v. State Of Bihar

2007-04-16

GHANSHYAM PRASAD

body2007
Judgment 1. This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order of cognizance dated 5.7.2006 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1397(C) of 2006 thereby and thereunder the court below has taken cognizance under Sections 403, 418 and 120B of the Indian Penal Code against the petitioners and others. 2. The petitioner no. 1 is the Chairman and Managing Director and petitioner no. 2 is the Director of Shipping Corporation of India Ltd. and are living in Mumbai. On perusal of the complaint petition it appears that the complainant purchased 100 shares of the Shipping Corporation of India Ltd. from the lawful owner bearing certificate no. 1324476, folio no. T000038, Distinctive Nos. 276718631 to 276718730 for Rs. 16100/- in the month of February, 2000. He sent the share certificate along-with valid transfer deed to the petitioners for transferring his name in the company book and registers of share holders but despite repeated requests and reminders the petitioners deliberately and intentionally never delivered said 100 shares to him and retained the same for their wrongful gain. 3. It is submitted on behalf of the petitioners that the entire case is false and baseless. Actually the share in question has already been transferred in the name of the complainant vide annexure-6 and the competent authority has also issued certificate to this effect vide annexure-8. 4. No one appears on behalf of the Opposite Party no. 2 in spite of valid service of notice. 5. Considered the submission of learned counsel for the petitioners as well as the allegation levelled against the petitioners in the complaint petition. Annexure-6 would go to show that 100 shares in question have already been transferred in the name of the complainant-Opposite Party no. 2, Navin Kumar Sinha on 25.12.2005 and on the basis of that transfer certificate has also been issued by the competent authority, the Managing Director of Shipping Corporation of India through Annexure-8. Thus, it is quite clear that the grievance of Opposite Party no. 2 has already been redressed by the Corporation and now the prosecution of the petitioners for the same amounts to abuse of the process of the court. 6. Accordingly, this application is allowed and the order of cognizance dated 5.7.2006 is hereby quashed but only in respect of the petitioners.