The Hindu : New Delhi News : High Court refuses to quash FIR

Online edition of India's National Newspaper
Wednesday, Oct 03, 2007
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New Delhi

New Delhi

High Court refuses to quash FIR

Staff Reporter

500 shares of a trust allegedly transferred

Each share of the company had a face value of Rs.100

NEW DELHI: The Delhi High Court has refused to quash an FIR registered by the police under various sections of the Indian Penal Code against a man and eight of his family members for allegedly transferring 500 shares of a trust in their names fraudulently.

The accused had sought quashing of the case on the ground that the police had no jurisdiction to entertain the complaint and register an FIR in the matter as the alleged offences were in the domain of the Companies Act.

They submitted that the complaint related to transfer of the shares by cheating, forgery and impersonation, and the Act provides for penalty for these offences.

However, Justice S.N. Dhingra dismissed their arguments holding that “the arguments advanced by counsel for the petitioners are misconceived”.

Mr. Justice Dhingra further said an accused could be charged under different penal laws for his different offences.

“There is no provision under any law that if an act constitutes offences under different penal laws, the accused could be tried only under one penal law,” Mr. Justice Dhingra said.

The Sarita Vihar police station in South Delhi registered the case last year on a complaint by Ajay Chaudhary, son of Delhi’s first Chief Minister Chaudhary Brahm Perkash, that the accused had fraudulently transferred 500 shares of the trust, the Shaheed Memorial Society, in their names.

A private company, Capital Land Builders Private Limited had transferred 560 of its shares to the trust. Each share had a face value of Rs.100.

Signatures

Some of the shares were also transferred fraudulently in the name of Chaudhary Brahm Perkash using his signatures on some blank papers which had been obtained way back in 1972, the FIR said.

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