1999 (8) TMI 807

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..... rate, Ist class, Ranchi. 2. The prosecution case, in nut shell as per the complaint petition, is that the complainant opposite party No. 2 had purchased 100 shares of the petitioner-Bank of Rajasthan by investing Rs. 23,000 at the price prevailant at that time. The details of the shares have been given in the plaint. It is alleged that on 22-5-1996 the complainant sent the aforesaid 100 shares along with transfer deed duly filled up, stamped and signed as required under law for transfer of his name on those shares to accused No. 4, namely, the Secretary of the Bank which was duly received by him on 27-5-1996. It is alleged that the limitation of time for issuing such certificate as has been prescribed under section 113 of the Companies .....

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..... the offence committed by the accused persons are the offence against the Companies Act and, therefore, the Magistrate has jurisdiction to try such offence. 6. The term court has been defined under section 2( 11 ) of the Act. It reads as under : "2( 11 ) the court means, ( a )with respect to any matter relating to a company (other than any offence against this Act), the Court having jurisdiction under this Act with respect to that matter relating to that company, as provided in section 10. ( b )with respect to any offence against this Act, the Court of a Magistrate of the First class or, as the case may be, a Presidency Magistrate, having jurisdiction to try such offence." 7. Section 10E provides that the Central Governme .....

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..... vits. (4D) Every Bench shall be deemed to be a civil court for the purpose of section 195 and (Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974), and every proceeding before the Bench shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and for the purpose of section 196 of that Code." 9. From perusal of the definition of court as defined under section 2( 11 ) read with section 10E of the Act it is manifest that irrespective of any matter relating to company other than any offence against this Act, the court constituted and vested with the power under section 10E shall have the jurisdiction to decide and adjudicate the matter relating to comp .....

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