SITA RANI AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRM-27447-2015 in CRM-M-1032-2015

(2.) The FIR was recorded on the statement of Narayan Singh against the above-stated five petitioners. It was stated that complainantNarayan Singh, Uma Shanker and Jitender Kumar entered into an agreement dated 04.07.2005 with Bimal Sharma @ Bimal Kumarpetitioner No. 2 (in CRM-M-1032-2015) in respect of Mine, M.L. No. 1/1992, 37.0593 hectares of M/s JBM Enterprises Ltd. The petitioner No. 2 (in CRM-M-1032-2015) inducted the complainant and aforesaid two persons, in the said mining business to the extent of 25% share each and received an amount of Rs. 5,25,000/- from them. It was stipulated that petitioner No. 2-Bimal Sharma @ Bimal Kumar shall be responsible for paying the share of 25% to each of those persons and they were also made the Directors of Company. On the same day, petitioner No. 2 handed over the power of attorney in respect of said mining to one Chandu Lal Beeram and the complainant. It was stated that the aforesaid firm M/s JBM Enterprises was got registered on 01.09.2008. In the said document of registration, petitioner No. 2-Bimal Sharma @ Bimal Kumar and his wife Sita Rani-petitioner No. 1 and the aforesaid three persons were shown as Directors. It was further stated that both the petitioners in conspiracy and to cheat them forged the documents of resignation with forged signatures of complainant in a computerized manner on 13.06.2011 and excluded their names from the company. It was also stated that petitioners (in CRM-M-1032-2015) after forging and fabricating the resignation letters, sent the same to the office of Registrar of Companies whereas the complainant and other two persons were stated to be in complete possession of the whole mining business. It was further stated that petitioners (in CRM-M-1032-2015) then inducted the three petitioners, namely; Sudhir Mundra, Asha Sudhir Mundra and Mahender Kumar Bhutra (in CRM-M-26103-2015) as directors of Company in an illegal manner. It was, thus, stated that the petitioners (in CRM-M- 26103-2015) are stated to have helped Sita Rani and Bimal Sharma @ Bimal Kumar-petitioners in the their illegal act.

(3.) I have heard learned senior counsel for the petitioners (in CRM-M-1032-2015), learned senior counsel for petitioners (in CRM-M- 26103-2015), learned State counsel assisted by learned counsel for the complainant and perused the paper-books.