Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Quashing Issuance of Summons |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Complaint case - Issuance of summons - Quashing of - Respondent no.1-comppany dealt with securities and were registered stock brokers and agents - Appellant opened a Demat Account with respondent no.1-company - Respondent nos.2 to 7 were Managing Director, Company Secretary and Directors of respondent no.1-company - Complaint filed by appellant alleging that the respondents committed criminal breach of trust and cheating, inasmuch as they sold off 8, 76, 668 shares of the appellant and misappropriated the entire sale proceeds - Metropolitan Magistrate summoned the respondents to face trial under ss.415, 409, 34, 1208 - Criminal proceedings initiated against respondent nos.2 to 7 - Quashed by High Court - Justification - Held: Justified - Order of Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto - Magistrate has to record his satisfaction with regard to the existence of a prima facie case on the basis of specific allegations made in the complaint supported by satisfactory evidence and other material on record - On facts, the order passed by the Magistrate reveals that two witnesses were examined by the complainant but none of them specifically stated as to which of the accused committed breach of trust or cheated the complainant except general and bald allegations made therein - In the order issuing summons, the Magistrate did not record his satisfaction about the prima facie case as against respondent Nos.2 to 7 and the role played by them in the capacity of Managing Director, Company Secretary or Directors of the company which is sine qua non for initiating criminal action against them - Issuance of summons against respondent Nos. 2 to 7 was therefore illegal and amounted to abuse of the process of law - Penal Code, 1860 - SS. 415, 409, 34 and 120B. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 187 |
Petitioner | M/s. Ghcl Employees Stock Option Trust |
Respondent | M/s India Infoline Limited |
SCR | [2013] 5 S.C.R. 276 |
Judgement Date | 2013-03-22 |
Case Number | 488 |
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