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TMI Blog2021 (1) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... case, keeping in view the nature of allegations surfaced in respect of forged valuation certificate, I deem it appropriate not to grant any indulgence in favour of the petitioner. Custodial interrogation of the petitioner is required. Therefore, this petition is found to devoid of merits and is accordingly dismissed. - CRM-M-39464-2020 (O&M) - - - Dated:- 22-12-2020 - HON'BLE MR. JUSTICE RAJ MOHAN SINGH Mr. J.S. Bedi, Sr. Advocate with Mr. Viraj Gandhi, Advocate and Mr. Adarsh Dubey, Advocate for the petitioner. Mr. Ashu Mohan Punchhi, PP with Mr. Anupam Bansal, Advocate for the respondent/UT Chandigarh. Mr. Raghav Gulati, Advocate for the complainant. ORDER RAJ MOHAN SINGH, J. The case was taken up for hearing through video conferencing. CRM Nos.29414 31144 of 2020 For the reasons mentioned in the applications, the same are allowed. The accompanying documents are taken on record, subject to all just exceptions. Main case [1]. Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.99 dated 27.10.2020, registered under Sections 420/468/471/120-B IPC at Police Station North, Chandigarh. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner has no connectivity with the Company and the complainant, who was introduced by Brigadier G.S. Puri and Colonel P.S. Bindra (Retd.). There was no inducement on the part of the petitioner. The shareholding is apparent from MOU and the valuation of YEPL was done and certified by the professionals. The complainant had verified the documents of the Company before becoming the shareholder. Petitioner had already dis- associated himself from the Directorship w.e.f. 14.11.2019. The husband of the complainant was inducted as Director in the Company vide resolution of the Company dated 17.10.2019 which is apparent from Form DIR-12 (Director Identification Number) of the husband of the complainant. Vide resolution dated 22.10.2019, it was resolved that all the financial powers would vest with the Directors including the husband of the complainant, who was a signatory in the Bank accounts. The valuation report was obtained through the services of Company Secretary and his professional fee was also paid. A litigation is pending between the petitioner and the complainant as shareholders before the National Company Law Tribunal and the orders passed by the Tribunal are matter of rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r counsel further submitted that the valuation certificate was infact issued by Kamini Sehgal CA, whose services were availed by the then Company Secretary Virender Sharma. The said valuation certificate was also uploaded on the website of Ministry of Corporate Affairs on 07.07.2017 by the said Company Secretary Virender Sharma. No complaint was made by the author of share valuation certificate i.e. Kamini Sehgal, CA before any authority in respect of misuse of her stamp/seal or any forgery committed on the document. The valuation certificate is also proved from other financial documents such as auditors' report which was signed by Kamini Sehgal, CA and was also issued in her name for other Companies unrelated to the petitioner or co-accused. The said documents are available on the portal of Ministry of Corporate Affairs. Learned Senior counsel referred to Annexure P-17 i.e. Independent Auditors Report issued by Kamini Sehgal, CA for the purposes of comparison of her signatures appearing on the said auditors report, on the valuation certificate and on the statement dated 28.09.2020 made by her before the Inquiry Officer, EOW, Sector 17,Chandigarh. [9]. Learned Senior counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her accounts. Custodial interrogation of the petitioner is required to ascertain the manner in which transfer of the amount had taken place. The investors were allured and induced on the basis of forged valuation certificate/report allegedly prepared by Kamini Sehgal, CA. [13]. Learned Public Prosecutor further submitted that perusal of Annexure P-2 i.e. valuation certificate would show that the signature of CA Kamini Sehgal appearing in a particular manner as Proprietor of Kamini Sehgal Co., Chartered Accountants, Ranjan Plaza, Zirakpur with FRN No.022860N. In the seal, the word KAMNI has appeared. If this document is compared with admitted document of the petitioner i.e. Annexure P-17, then Firm Registration Number would come out to be 024169N and the word KAMINI would appear in the seal therein. The pattern of signatures of Kamini Sehgal, CA is also different than that of Annexure P-2. In admitted document Annexure P-17, Email ID of Kamini Sehgal has also appeared whereas there is no such Email ID shown in Annexure P-2. [14]. Learned Public Prosecutor further submitted that in the MOU, 13 persons are shown to have participated whereas the persons appearing at Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to be issued by an independent merchant Banker, who is registered with the Securities and Exchange Board of India or an independent Chartered Accountant in practice having minimum experience of 10 years. She has pleaded herself to be not competent to issue such valuation certificate. [17]. Learned Public Prosecutor further submitted that the material uploaded on the website of the Ministry of Corporate Affairs was, inter alia, consent purportedly given by Mrs. Bharti Chaturvedi, Director, YEPL to hold an extraordinary general meeting of the Company at short notice. The purported consent was dated 23.02.2017. It has come during course of investigation that the said consent given by Mrs. Bharti Chaturvedi by holding such meeting at short notice is a forged document. She has not signed any consent and infact from September 2012 onwards she has not involved in the affairs of the Company and never attended any meeting of Board of Directors or shareholders. Mrs. Bharti Chaturvedi has denied one of the annexures uploaded on the website i.e. Form No.PAS-4 purportedly signed by her on 24.02.2017. This is apparent from the statement of Mrs. Bharti Chaturvedi recorded on 09.11.2020 by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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