2001 (1) TMI 880

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....nd Reliance Consultancy Services Limited, under sections 84(2) and (3); and 113(1) and (2) of the Companies Act; and also under sections 409 and 420 of the Indian Penal Code. It appears from the impugned order that the learned Chief Judicial Magistrate has exercised his powers under section 200 of the Code of Criminal Procedure after considering the evidence of Rajiv Sethi and Ramniwas ; and also the documents filed along" with the complaint. The operative portion of the impugned order, inter alia, says that the notices be issued to the accused persons. It appears from the complaint that the notice to Reliance Petroleum Limited was issued through the petitioner Dhirubhai H. Ambani and, therefore, he has filed this application under 482 o....

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....rred the shares, belong to respondent No. 1/complainant, in the name of some one else, which is clear from a letter dated December 2, 1995, mentioned in paragraph 4 of the complaint. Accordingly, it was prayed by respondent No. 1/complainant that a complaint be registered against Reliance Petroleum Limited-the petitioner and Reliance Consultancy Services Limited, Bombay, for offences under sections 406, 409 and 420 of the Indian Penal Code and under section 113(1) of the Companies Act, 1956, on the basis of the aforesaid facts and the documents filed on record. After examination of the witnesses produced by respondent No. 1/complainant, the learned Chief Judicial Magistrate, Khandwa, by the impugned order dated January 22, 1997, has dire....

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....roleum Limited. Although some argument was advanced by Shri Rajendra Singh, senior counsel, on behalf of the petitioner and also Shri S. C. Datt, advocate, on behalf of respondent No. 1 on the merits of the order of issuance of sum mons, it is not necessary for deciding this case to dwell on the merits of the case at present. Reliance Petroleum Limited, Reliance Consultancy Services Limited, Bombay, and N. Vishwanathan against whom summonses have been directed to be issued by the Chief Judicial Magistrate, will have ample opportunity to ventilate their grievances before the learned trial magistrate. In the opinion of this court, this application is misconceived as Dhiru bhai H. Ambani, the petitioner was not personally made an accused....