ZEE TELFILMS LTD. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Raj Kumar Khanna, learned counsel for applicants and learned A.G.A. for State-respondent.

(2.) This application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed by applicants seeking quashing of impugned order dated 16.02.2001 passed by Xth Additional Sessions Judge, Moradabad in Criminal Revision No.311 of 1998 and also to quash entire proceedings of Complaint Case No.227/9 of 1998 pending in Court of II Additional Chief Judicial Magistrate, Moradabad under Section 406 IPC.

(3.) Complaint was filed by Dr. Dinesh Mohan before Police Station Civil Lines, Moradabad bearing No.2627 of 1998 against applicants stating that he had purchased shares of accused-Company i.e. M/S Zee Telfilms Ltd. through M/s R. K. Investment Consultants, Moradabad on 01.01.1994 and sent his shares for transfer of Company. Company after receiving the same had transferred 200 shares and 100 shares were not sent i.e. bearing Distt. No.10040101-12, hence it has committed offence under Section 406 IPC. Magistrate finding that the factum that 100 shares were not found returned by accused-Company, it does not constitute an offence under Section 406 IPC, vide order dated 26.08.1998 dismissed the complaint under Section 203 Cr.P.C. Respondent-2 preferred criminal revision which has been allowed vide order dated 16.02.2001 by Additional District Judge X, Moradabad and Magistrate has been directed to summon accused-applicants under Section 406/420 IPC.