RAJKUMAR GUPTA Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed u/s 438 of the Code of Criminal Procedure (Cr.P.C.) seeking pre arrest bail.

(2.) The petitioners are the accused in Crime No.1196/2021 of Mattanchery Police Station. The 3rd respondent is the de facto complainant. The offence alleged against the petitioners are under Sections 193, 200, 202, 406, 409, 417, 420, 466, 468, 471, 474 and 34 of IPC and Sections 447 and 448 of the Companies Act.

(3.) The petitioners and the 3rd respondent are brothers. They are the Directors and their parents and wives are the shareholders of three Private Limited Companies viz., RBG Enterprises Pvt. Ltd., RBG Trading Corporation and RBG Retail Private Ltd. The prosecution allegation is that the petitioners without the knowledge or consent of the 3rd respondent or other shareholders of the companies and in violation of the Articles of Association of the Companies withdrew ?23,69,99,835/- from RBG Enterprises Pvt Ltd, Rs.31,33,68,008/- from RBG Trading Corporation and Rs.47,67,598/- from RBG Retail Private Limited for the period from 2015 to 2019 and transferred the same to other companies exclusively owned by them and they unauthorisedly received in excess Rs.4,25,00,000/- as salary. It is further alleged that when the de facto complainant and other shareholders filed company petitions at the National Company Law Tribunal (for short "NCLT ") challenging the above said misdeeds of the petitioners, they fabricated minutes and attendance registers of the Annual General Meetings of the Companies and produced the same as originals at the NCLT.