J K SINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case appears to be that the complaint was filed by respondent No.2 against the petitioner for the offences under sections 418, 420, 467 and 471 of IPC vide M-Case No.30/97 with the accusation that certain share certificates were given by the accused to the complainant for sale of share in the market and signed transfer forms of the original holder of the share were also given. As per the complainant, thereafter, the shares were sold. Consideration was paid, but when it was sent for transfer in the concerned company, it was reported that the share certificates are bogus and not genuine. Therefore, the complaint for sale was being filed by the complainant. Under these circumstances, the applicant has approached to this Court for quashing of the said complaint.

(2.) Considering the allegation made in the complaint that the share certificate is not genuine and bogus as per the report received from the concerned Company, the investigation would be required to be undertaken with the help of the expert and it cannot be said that if the contents of complaint are considered as it is, it would not constitute any offence. Under these circumstances, it would not be a case for quashing of the complaint in exercise of the power under section 482 of the CRPC.

(3.) Mr.Naik, learned counsel appearing for the petitioner did contend that the petitioner had only signed as the witness, therefore, the complaint against him cannot be maintained.