DHIRUBHAI H AMBANI Vs. SONIA SETHI

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure, 1973, filed by the applicant Dhirubhai H. Ambani, which arises out of an order dated January 22, 1997, whereby the Chief Judicial Magistrate, Khandwa, has registered a criminal case against Reliance Petroleum Limited and Reliance Consultancy Services Limited, under sections 84(2) and (3); and 113(1) and (2) of the Companies Act ; and also under sections 409 and 420 of the Indian Penal Code. It appears from the impugned order that the learned Chief Judicial Magistrate has exercised his powers under section 200 of the Code of Criminal Procedure after considering the evidence of Rajiv Sethi and Ramniwas; and also the documents filed along with the complaint. The operative portion of the impugned order, inter alia, says that the notices be issued to the accused persons.

(2.) IT appears from the complaint that the notice to Reliance Petroleum Limited was issued through the petitioner Dhirubhai H. Ambani and, therefore, he has filed this application under 482 of the Code of Criminal Procedure, claiming that he was not liable to be summoned as he has nothing to do with the alleged offences and he is not responsible for the offences alleged in the complaint.

(3.) THE facts stated in the complaint are as follows : The respondent/complainant Smt. Sonia Sethi stated in her complaint that she had purchased 500 shares in Reliance Petroleum Limited, a company registered under the Companies Act, 1956. This purchase was made by her from the open market. After purchasing the aforesaid shares, she sent the share certificates along with the transfer deeds for registering them in her name, to Reliance Consultancy Services Limited, the vice -president of which is one N. Vishwanathan. Reliance Consultancy Services Limited is the agent of Reliance Petroleum Limited. It was alleged that despite the receipt of the documents of transfer of the shares, detailed in her complaint, they were not transferred in the name of respondent No. 1/ complainant. It was further alleged that there were correspondence on behalf of respondent No. 1 by letters dated January 31, 1995, March 31, 1995, June 16, 1995 and July 27, 1995, and a notice was also issued by respondent No. 1/complainant to the petitioner and Reliance Consultancy Services Limited, Bombay, for transfer of the said shares in her name, but even then the shares were not so transferred by them. It was alleged that both the Reliance Petroleum Limited and Reliance Consultancy Services Limited have transferred the shares, belong to respondent No. 1/complainant, in the name of some one else, which is clear from a letter dated December 2, 1995, mentioned in paragraph 4 of the complaint. Accordingly, it was prayed by respondent No. 1/complainant that a complaint be registered against Reliance Petroleum Limited -the petitioner and Reliance Consultancy Services Limited, Bombay, for offences under sections 406, 409 and 420 of the Indian Penal Code and under section 113(1) of the Companies Act, 1956, on the basis of the aforesaid facts and the documents filed on record.