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2001 (1) TMI 880 - HC - Companies Law

Issues:
1. Application under section 482 of the Code of Criminal Procedure filed by the petitioner.
2. Registration of a criminal case against Reliance Petroleum Limited and Reliance Consultancy Services Limited.
3. Allegations of non-transfer of shares in the complaint.
4. Direction to issue notices to the accused persons.
5. Petitioner's objection to being summoned personally.
6. Role of Dhirubhai H. Ambani as the executive chairman.
7. Court's decision on the application under section 482 of the Code of Criminal Procedure.

Analysis:
1. The judgment involves an application under section 482 of the Code of Criminal Procedure filed by the petitioner, arising from an order registering a criminal case against Reliance Petroleum Limited and Reliance Consultancy Services Limited under various sections of the Companies Act and the Indian Penal Code. The Chief Judicial Magistrate directed to issue notices to the accused persons based on the evidence presented by the complainant.

2. The complaint alleged that shares purchased by the complainant were not transferred to her despite multiple correspondences and notices. The complaint sought registration of a case against Reliance Petroleum Limited and Reliance Consultancy Services Limited for offenses under the Companies Act and the Indian Penal Code. The magistrate, after examining witnesses, directed to issue notices to the petitioner and the company.

3. The petitioner, Dhirubhai H. Ambani, objected to being personally summoned, claiming he was only the executive chairman of Reliance Petroleum Limited and not involved in the alleged offenses. The court observed that the summons were directed at the company through him as its chairman, and he should not object to the legal process as an executive chairman.

4. The court noted that the application was filed by Dhirubhai H. Ambani personally, not by Reliance Petroleum Limited. As the summons were served to the company through the petitioner, the court did not find merit in interfering with the magistrate's order to issue notices. The court dismissed the application under section 482 of the Code of Criminal Procedure.

5. The judgment emphasized the importance of honoring legal processes and expected Dhirubhai H. Ambani, as a prominent figure in the industry, to comply with the court's summons. The decision did not delve into the merits of the complaint but allowed the trial magistrate to proceed with the case according to the law if the petitioner is found liable during the trial.

 

 

 

 

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