SUJOY GHOSH Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) Heard Mr. RC Das, learned counsel appearing for the petitioner. Also heard Mr. K. Munir, learned Addl PP, Assam, appearing for State-respondent.

(2.) Respondent No. 7 Smti Mamta Kalita lodged an FIR before the Officer-in-charge, Bhangagarh Police Station stating inter alia that about 3 years ago she and he sister Rimi Barman opened Demot Account at IDBI, Capital, Bhangagarh Branch through its Branch Manager Sujoy Ghosh i.e. petitioner. They deposited 650 shares, totalling to 1300 shares in Nestle India Ltd in their account and at the relevant time, the price of shares were 63 lacs approximately but since last one year they were not getting due dividend. They enquired through the Branch Manager of the aforesaid Bank but the Branch Manager assured them that the payment will be made today or tomorrow. Lastly when they went to said Bank i.e. on 22.1.14, they came to know that Sujoy Ghosh has already left the service since Aug., 2013 and in his place Sri BN Gupta has joined as new Manager. They came to know that instead of 650 shares only 75 shares of Rimi Barman has been left. The allegation of the informant was that neither she nor her sister had sold in single shares as the present Manager told that entire matter is in knowledge of Sujoy Ghosh. The informant contacted with Sujoy Ghosh who confessed before her that he had sold the shares and therefore he was brought to Bhangagarh PS and handed over to the police.

(3.) It is submitted by he learned counsel for the petitioner that in respect of trading of security market shares, Stock Exchange, sub worker, share transfer agents etc any kind of offence or complaint can be lodged before the Security and Exchange Board of India (SEBI herein after). The SEBI has been empowered to investigate the whole matter in respect of shares, trading as the stock market matter.