SOUTH ASIAN HUMAN RIGHTS DOCUMENTATION CENTRE Vs. STATE

JUDGEMENT

(1.) The respondent No.2 Suhas Chakma filed a complaint before the learned ACMM, Patiala House against the petitioners seeking summoning them for offences punishable under Sections 120-B/201/403/406/420/468/471/477-A/34 IPC.

(2.) In the complaint, Suhas Chakma alleged that he was the Managing Trustee-cum-Director of Asian Centre for Human Rights (in short ACHR). Petitioner No.1 South Asia Human Rights Documentation Centre (referred to the company hereinafter) was a private limited company with an authorised share capital of Rs. 50 lakhs. Petitioner No.2 Ravi Nair was the Director of the company since its inception and was in-charge and responsible for the conduct of its daily activities. Since petitioner No.2 Ravi Nair and Suhas Chakma were known to each other since 1990, the complainant was also made the Director of the company and thus Suhas Chakma and Ravi Nair were the first two Directors of the company with Suhas Chakma holding 50% of the share holdings of the company. In furtherance to the agreement between the parties, in Jan. 2002 Suhas Chakma purchased 5000 shares of the company @ Rs. 10.00 per share for a sum of Rs. 50,000.00 vide cheque No. 630449 dated 3rd Jan., 200 All the mandatory requirements were complied in this regard and due to this the share capital of the company stood at 10,002 shares and the paid-up-capital rose to Rs. 1,000,20.00 only and thereafter the complainant Suhas Chakma held 5001 equity shares of the company.

(3.) In late 2002 the behaviour of Ravi Nair became autocratic and whimsical. Suhas Chakma protested to his illegal manner of functioning. When things did not improve Suhas Chakma resigned from the company on 11th March, 200 Despite tendering his resignation from the company from the post of Director, Suhas Chakma never transferred his 50% equity shares in the company to anyone and retained his ownership over the equity shares to himself. After the resignation, Suhas Chakma requested Ravi Nair to return the letter of allotment, repay the amounts advanced as loans to the company, sought to know about the affairs of the company and its progress. However, Ravi Nair misled him. In Sept. 2003, Suhas Chakma again enquired about the letter of allotment, repayment of the amounts advanced as loans to the company and about the AGM of the company which was scheduled to be held in September. Ravi Nair informed him that notice of AGM was sent to Suhas Chakma, however Suhas Chakma never received letter of allotment nor any notice of AGM. Despite repeated enquiries, no information was given to Suhas Chakma.