NITIN REKHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Criminal Writ Petition has been filed under Article 226 of the Constitution of India read with Sec. 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code") inter alia praying for passing appropriate orders and directions to the Respondent No. 2 to perform their duty in accordance with law and to prosecute Respondents No. 3 to 7 under Ss. 73 and 76A of the Companies Act, 2013 and to take appropriate action on the complaint filed by the petitioner. FACTUAL MATRIX

(2.) The matter has arisen out of the facts as detailed hereunder:

(3.) Learned counsel appearing on behalf of the Petitioner submitted that the Petitioner had paid amount in question to the Directors of Respondent No.3 Company for issuance of shares in the said company on 27/12/2010 by depositing the share application money in A/C No. 5582000100022401 maintained with Karnataka Bank Limited, Karol Bagh. It is submitted that the petitioner has filed a copy of the Bank Statement of February 2018 and that the Petitioner was further issued an Income Tax Notice dtd. 24/9/2018 thereby confirming the deposit of the said amount as share application money. It is further submitted that despite this, the shares were never allotted.