SABYASACHI HAJRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed to quash the order of cognizance dated 5.7.2006 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1397(C) of 2006 thereby and thereunder the court below has taken cognizance under Sections 403, 418 and 120B of the Indian Penal Code against the petitioners and others.

(2.) THE petitioner no. 1 is the Chairman and Managing Director and petitioner no. 2 is the Director of Shipping Corporation of India Ltd. and are living in Mumbai. On perusal of the complaint petition it appears that the complainant purchased 100 shares of the Shipping Corporation of India Ltd. from the lawful owner bearing certificate no. 1324476, folio no. T000038, Distinctive Nos. 276718631 to 276718730 for Rs. 16100/ - in the month of February, 2000. He sent the share certificate along - with valid transfer deed to the petitioners for transferring his name in the company book and registers of share holders but despite repeated requests and reminders the petitioners deliberately and intentionally never delivered said 100 shares to him and retained the same for their wrongful gain.

(3.) NO one appears on behalf of the Opposite Party no. 2 in spite of valid service of notice.