SURESH KOTHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of the proceedings of G.R. No. 14 of 2021 arising out of Burtolla Police Station Case No. 2 of 2021 dated January 2, 2021, under Ss. 406, 420, 467, 468, 471, and 120B of the Indian Penal Code, 1860, pending before the Court of the learned Additional Chief Metropolitan Magistrate - I at Calcutta.

(2.) It is the case of de facto complainant/opposite party no. 2 that he is one of the Directors of a company, namely Rajat Buildcon India Private Limited. Petitioner no. 1 is also one of the Directors of the said company. Petitioner no. 2 is the cousin of petitioner no. 1. He is a chartered accountant and also the auditor of the said company. Petitioner nos. 1 and 2 came to Kolkata in the year 2005 at the office premises of opposite party no. 2 at 167A, Vivekananda Road, Kolkata-700006 and offered him to be the shareholder of the company. Opposite party no. 2, being so approached, purchased 40000 shares of the said company upon payment of the consideration money by cheque.

(3.) Accordingly, the name of opposite party no. 2 as shareholder appeared in the register of members of the company and in the annual returns filed before the Registrar of Companies for the financial year 2005- 2006 to the financial year 2013-2014.