W HENRIQUES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners approach this Court with this petition under Section 482 of the Code of Criminal Procedure for quashment of a criminal complaint lodged against them in the Court of learned Chief Judicial Magistrate, Rajkot bearing Criminal Case No. 2700 of 2004, for the offences punishable under Sections 403, 405, 406, 415, 418 and 420 of the Indian Penal Code. Brief facts of the case can be stated thus;

(2.) THE petitioners are office bearers of a public limited company, running in the name of Crompton Greaves Limited. The complainant, present respondent No. 2 sent 500 shares to the company for transferring to his own name, which they had purchased from share broker called Vyomit Securities. On receipt of the shares, company found that out of 500 shares, 400 shares could be transferred to the name of respondent No. 2, but, there was discrepancy in the specimen signature in respect of two share certificates of 50 shares each. Thus, the shares were, therefore, not transferred in the name of respondent No. 2. Appropriate intimation was given to him about non-transfer of 100 shares. This happened in February 1999. Suddenly, on 28. 11. 2003, respondent No. 2 issued a notice to the petitioners. The petitioners gave reply that during the interregnum period, the disputed 100 shares, comprising of two share certificates of 50 shares each, were dematerialized, and therefore, ultimately, after following due procedure, they were sent to the owner, whose name appear in the register of the shareholders of the company, namely Genesis Asset Management Limited. On receiving this reply, respondent No. 2 filed the complaint before the Chief Judicial Magistrate, Rajkot on 17/23. 03. 2004. Aggrieved by the said FIR, present petition is preferred on the ground that none of the offences enumerated in the FIR are made out against the petitioners, even if the allegations made in the complaint are taken at face value.

(3.) AT the time of admission, interim relief was granted and the proceedings before learned Chief Judicial Magistrate has been stayed by order dated 5. 10. 2004.