NIRMALA JAIN Vs. V C JAIN

JUDGEMENT

(1.) This petition under Section 482 CrPC is directed against the Criminal Complaint No.2 /1 of 1995 titled Vinay Chand Jain v. Smt.Nirmala Jain and Ors and an order dated 24th November, 2001 passed by the learned Metropolitan Magistrate, Delhi ( MM ) summoning the Petitioners to face trial for the offences under Section 420,468,471,120 B IPC.

(2.) Initially this petition is filed as a revision petition under Section 397 against the order dated 24th November, 2001 whereby the learned MM rejected the petition filed by the Petitioners seeking discharge and dropping of proceedings against them. In view of the judgment of the Supreme Court in Adalat Prasad (2004) 7 SCALE 137 this Court accepted the plea of the Petitioner that the present petition should be treated as one under Section 482 CrPC and by an order dated 27th September, 2005 the petition was directed to be numbered as such.

(3.) A complaint was filed by the Respondent Shri Vinay Chand Jain in the court of the learned MM, Delhi against the Petitioners and Bajaj Auto Limited ( Company ) in respect of 2160 shares of the Company which according to the complainant stood in his name but was illegally got transferred in the name of the Petitioners by forging a transfer deed. According to the complainant, the share certificates in respect of the aforementioned 2160 shares were kept in the custody of his brother late Shri D.C.Jain who was a lawyer and with whom the complainant was also practising as a lawyer from 1959 to 1964. The address in the shares was therefore given as A-2/138 Safdarjung Enclave, New Delhi. It is stated that after the death of Shri D.C.Jain on 24th September 1993, the share certificates remained in the possession of the Petitioners here who are the widow and three sons and the daughter-in-law of Shri D.C Jain. According to the complainant he did not insist on the return of the share certificates since the parties were closely related.