SHIVASANKAR JATASANKAR JOSHI Vs. JAFAR IMAM

JUDGEMENT

(1.) The petitioner has challenged the Order of the Sessions Judge, Bombay, dated 24th October 2008, allowing the revision filed by the respondents- accused to quash and set aside the process issued against them.

(2.) On the petitioner's complaint, process was issued by the learned Additional Chief Metropolitan Magistrate 49th Court, Vikhroli, Mumabi Under Section 420, 409, 477 (a) r/w 34 of the Indian Penal Code. The complaint was in respect of criminal breach of trust in respect of large number of shares of a public limited company i.e. M/s. SVC Superchem Ltd.

(3.) The respondents herein, who are Directors of the Company preferred revision applications before the Sessions Court, being Criminal Revision Application Nos. 588 and 589 of 2007. The learned Sessions Judge has accepted the respondents contention and set aside the order of issue of process only on the ground that the complainants have not demonstrated any entrustment of the shares in favour of the respondents and that there appears no representation which alleged to be made by the respondents-accused on the basis of which the applicant-complainant can be said to have parted with the property. That order is in question in these two writ petitions. The main contention raised by the learned Counsel for the applicants is that the Sessions Court committed serious breach of natural justice by proceeding to decide the matters without hearing the complainant. There appears to be no dispute about the fact that the applicants be heard by the Sessions Court. The roznama shows that the Sessions Court issued notice to all the respondents. However, even though, no report of service of the notice was received by the Sessions Court, the Sessions Court proceeded to decide the revision applications and quashed the process. Prima facie, the orders appeared to be vitiated for failure to hear the complainant-applicant. The Sessions Court undoubtedly has powers in deciding the matter without hearing the applicants/complainants. Section 403 of Criminal Procedure Code reads as follows: