Allowed

Bina Sinha and Anr. v. the State of Bihar and Anr.

Patna HC14 Nov 2014CR. MISC./24789/2011

Case brief

AI extract

What is this about?

Petitioners sought quashing of a criminal order under the Indian Penal Code and Company Act. The High Court observed that the complainant's grievances regarding share transfer were redressed. Consequently, the court held that since the complainant was no longer willing to pursue the case, the order taking cognizance was set aside.

What did the court decide?

The order dated 14.10.1999 taking cognizance in Complaint Case No. 1098/1999 is set aside and the petition (Criminal Miscellaneous No.24789 of 2011) is allowed.

Bina Sinha and Anr. Vs the State of Bihar and… — Contract and Commercial Disputes | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24789 of 2011

¶2

====================================================== 1. Bina Sinha, S/O Jayant Kumar, R/O Mohalla - Dadar Mandi, P.S.Alamganj, Distt.- Patna 2. Jayant Kumar, S/O Sri Anirudh Prasad Singh, R/O Mohalla - Dadar Mandi, P.S.- Imamganj, Distt.- Patna .... .... Petitioner/s Versus 1. The State of Bihar 2. Brej Bihari Prasad Simna, S/O Late Ram Charitra Sinha, R/O Morsand Niwas, Dumra Court, Sitamarhi, Distt.- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate. For the Opposite Party/s : Mr. U.L.Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

¶3

ORAL ORDER

¶4

8 14-11-2014 The petitioners seek quashing of the order dated 14.10.1999 passed by the learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. 1098/1999 whereby cognizance has been taken under Sections 406, 409, 420, 120(B) of the Indian Penal Code read with Section 113(2) of the Company Act as well as Section 22-A(8) of the Securities Contract Act.

¶5

The allegation in the complaint petition is that the complainant had purchased 200 shares of M/s Rolta India (Private) Limited. Such shares were transferred in the name of the brother and the brother’s wife of the complainant. The complainant and his relatives were also getting the dividends of such shares for a long time. Later, it was learnt that the petitioners purchased such shares from Rungtra Securities which had, in turn, purchased the

¶6

Patna High Court Cr.Misc. No.24789 of 2011 (8) dt.14-11-2014

¶7

2/2

¶8

shares from M/s Rolta India (Private) Limited as a broker. A case, therefore, was lodged in which the petitioners are also the accused persons. From the tenor of the complaint petition itself, it would appear that there was some mistake in transferring the shares of the company. Even otherwise, the petitioners have purchased the shares from one Rungta Securities which, at the relevant time, had purchased the concerned shares.

¶9

However, with the passage of time, the grievances of

¶10

the opposite party no. 2 were redressed by the company concerned. Considering that the grievances were redressed, the complainant-opposite party no. 2 chose to file an application before the court below stating that he has become of age and, in the event of the grievances having been redressed, he is no longer willing to pursue the case any further. Such application has been brought on record by way of supplementary affidavit by the petitioner.

¶11

Considering the aforementioned aspect of the matter, the order taking cognizance dated 14.10.1999 is set aside.

¶12

The application stands allowed.

¶13

(Ashutosh Kumar, J)

¶14

Dilip/-

¶15

U T

Bina Sinha and Anr. v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Bina Sinha and Anr. v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Babu Singh Vs The State Of Bihar

Ram Nath Singh Vs The State Of Bihar

Anchal Kumar Pandey and Ors. Vs State Of Bihar and Anr.

Mohan Lal Choudhary and Anr. Vs The State Of Bihar

Md. Sallauddin and Ors. Vs State Of Bihar and Anr.

Pawan Kumar Chaudhary Vs State of Bihar and Anr.