SONIA KHOSLA Vs. VIKRAM BAKSHI & ORS

JUDGEMENT

(1.) The main petition has been filed by the petitioner under Section 340 Cr.P.C. seeking initiation of proceedings for perjury against the respondents alleging that the Minutes of the AGM of the Company dated 30.09.2006 were forged.

(2.) Broadly, the case of the petitioner is that false statements have been made by the respondents in their application being CA No. 1/2008 filed on 01.01.2008 before the Company Law Board in Co. Pet. 114/2007. They have also said to have filed forged Form 32 on the judicial record on 12.09.2007. It has been pleaded that the petitioner is shown to have been present in the Board Meeting on 30.09.2006 where some of the respondents were appointed as directors. However, the matter of fact is that the petitioner on that date was abroad in UK. This is apparent from her passport, flight tickets, etc.

(3.) This court on 15.2.2010 had noted the fact that the respondents Shri Vinod Surha and Shri Wadia Prakash have claimed before the Company Law Board to have been appointed as the Directors of the AGM held on 30.9.2006 stating the petitioner to be present in the AGM while her passport shows that she had left India on 16.9.2006 and came back on 3.10.2006. The court noted that this aspect needs to be inquired into. The court also directed that before a complaint could be made a preliminary inquiry should be held. The Court directed that the Registrar (Vigilance) should hold a preliminary enquiry to the said aspect regarding genuineness of the Minutes of Meeting of the AGM held on 30.9.2006. This order of this court dated 15.02.2010 was stayed by the Supreme Court. Thereafter this court passed order dated 16.08.2010.