IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.896 of 2000
O. N. RAVI
Versus
STATE OF BIHAR & ANR
For the petitioner: Shri S.D.Sanjay,Adv.
For the State: ShriYogendra Kumar Singh,A.P.P.
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9. 29.6.2010 This petition has been filed on behalf of the
petitioner who is the Company Secretary, SBI Funds
Management Ltd, which is located at the address appearing in
the petitioner’s address seeking an order for quashing the
proceedings initiated on Complaint Case No. 737C of l1999 on
the basis of which the order of summoning dated 18.8.1999 was
passed against the petitioner.
I have perused the complaint petition and I find
that the whole allegations are made, as regards sending of share
certificates for transfer and the subsequent reminders or replies,
against accused No.1, i.e., Assistant Manager, Datamatics
Financial Services Ltd. described at serial no.1 of the column of
accused of that particular complaint petition. It has been
mentioned, of course, in the complaint petition at one particular
place, i.e., at page 11 that the complainant received the duplicate
share transfer form which was fabricated and forged certificate
of transfer. But the basic issue was that the whole business of
transferring shares was never assigned to the petitioner who was
the Company Secretary rather it was the duty of accused no.1
described at serial no.1 of the array of the accused.
One may refer to the decision of the Supreme
2
Court reported in A.I.R.1983 S.C 67 Municipal Corporation of
Delhi Vs. Ram Kishan Rohtagi & ors. to point out that an
accused who has nothing to do with the day-to-day function of
the company of which the accused was an employee, like
Director or Managing Director, his acts could not be termed as
an act of offence. Considering the above, the order of
summoning was passed without any basis so as to putting the
petitioner O.N. Ravi on trial of complaint petition No. 737C of
1999. That order as regards the petitioner is quashed.
As regards the other accused, the proceedings on
the said complaint petition, after this order shall get revived and
be proceeded with.
Kanth ( Dharnidhar Jha, J.)