ABHINAV PRASAD ALIAS ABHINA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the Petitioners and the A.P.P. appearing on behalf of the State. Nobody appears on behalf of the Opposite Party No. 2 to pursue this matter.

(2.) The Petitioner Sidharth @ Sidharth Kumar Jha is the Branch Head of Karvy Stock Broking Ltd. at Begusarai whereas Petitioner Santosh Kumar is the Dealer of Karvy Stock Broking Ltd. at Begusarai. The Petitioners Abhinav Prasad @ Abhinav is the Regional Manager, Himanshu Joshi is the Divisional Manager, Nitin Saxena is the Vice President, whereas Nalini Tilak is the Divisional Staff of Karvy Stock Broking Ltd. The Petitioners of Criminal Misc. No. 36367 of 2006 are working and living in the State of Uttar Pradesh and have no connection directly with the affairs in the Begusarai Branch.

(3.) The allegations in the complaint petition are that the complainant Dilip Kumar Mishra had deposited by various cheques a sum of Rs. 1.6 lakhs for the purpose of buying shares. It is the case of the complainant that he had instructed the Petitioner Santosh Kumar to trade in shares. It is admitted on behalf of the complainant that he did not have a trading account in his name till 10.01.2006 with the Karvy Stock Broking Ltd. He only had a Demat Account. As such, the trading took place in the name of one Annu Kumar. It is alleged that the company has caused loss to the complainant and has also caused mental harassment. This complaint case was filed on 05.04.2006.