PAWAN MUNJAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Amrendra Nath Verma, learned counsel for the petitioner and Mr. Jharkhani Updhayay, learned counsel for the State.

(2.) Despite service of notice on Opposite Party No. 2 on several occasions, nobody has appeared to contest on behalf of the Opposite Party No. 2.

(3.) That the petitioner is a Managing Director of Hero Honda Motors Ltd. He is being prosecuted at the instance of the complainant-opposite party No. 2 for the offence under Sections 406 and 420 of the Indian Penal Code. The complaint was lodged by Opposite Party No. 2 on 4th of January, 2005 alleging that he had purchased 50 shares of the company, of which the petitioner is the Managing Director, from the open market and required the same to be transferred in his name. That having not been done, despite his having purchased the shares in the year 1996, he launched the present prosecution by way of complaint. Learned Judicial Magistrate after examining the complainant on oath and on recording the statement of witnesses offered on behalf of the complainant, vide order dated 27th of October, 2006 took cognizance against the petitioner under Sections 406 and 420 of the Indian Penal Code.