SANJAY JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the anticipatory bail applications relate to a same crime number, therefore, they are decided together.

(2.) The anticipatory bail applications have been preferred by the Applicants apprehending their arrest in connection with Crime No.627 of 2019 registered at Police Station Supela Bhilai, District Durg for offences punishable under Sections 469 , 420 , 201 of the Indian Penal Code and Section 66C of the IT Act.

(3.) According to the prosecution, Complainant Suresh Kothari is one of the Directors of Mahaveer Awasiya Yojna Private Limited and Rajat Buildcon India Private Limited and is having about 72% shares of Rajat Buildcon India Private Limited and 28% shares of Mahaveer Awasiya Yojna Private Limited. Both co-accused Anjay Surana and Rajat Surana and Prakash Jayaswal, who is one of the present Applicants are other Directors of the company. On 5.1.2019 and 15.1.2019, two written complaints were made by the Complainant. It has been alleged by him that in the month of August, 2017, Sanjay Jain (Dhariwal), who is one of the Applicants herein, along with co-accused Anjay Surana hatched a conspiracy and appointed Anjay Surana's son Rajat Surana (co-accused) as a Director and pressurised the Complainant for resignation. On 15.12.2018, when the Complainant was browsing company's website, he did not find his name as a Director of the company. Thereafter, he came to know that without his knowledge, both the present Applicants and other co-accused persons, on the basis of forged and fabricated documents, uploaded on the website of Registrar of Companies (ROC) a form having No.DIR11, which is a notice for resignation of the Complainant as a Director and filed form No.DIR12 for resignation of the Complainant using digital signature of co-accused Rajat Surana. On the basis of said two complaints, police registered the crime in question. Later on, during the course of investigation, offences punishable under Sections 467 , 468 , 471 , 120B of the Indian Penal Code were also added.