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TMI Blog2019 (1) TMI 1878X X X X Extracts X X X X X X X X Extracts X X X X ..... a competent forum. The material on record are considered, through the steps indicated in Rajiv Thapar v. Madan Lal Kapoor [ 2013 (1) TMI 932 - SUPREME COURT] and it is convinced that the instant case calls for interference Under Section 482 Code of Criminal Procedure. Further, from the facts that Appellant No. 1 had disowned Respondent No. 2 and had filed civil proceedings seeking appropriate orders against them, we are also convinced that the present criminal complaint is nothing but an attempt to wreck vengeance against the father, brother and the brother in law of the complainant. The instant criminal complaint is an abuse of the process of Court and is required to be quashed. The application for discharge Under Section 245(2) Code of Criminal Procedure is allowed. - Criminal Appeal No. 56 of 2019 (Arising out of SLP (Crl.) No. 8143 of 2018) - - - Dated:- 11-1-2019 - U.U. Lalit and Dr. D.Y. Chandrachud, JJ. For Appellant: Venkita Subramoniam T.R., Raghvendra Srivastava and Rahat Bansal, Advs. For Respondents: Tribindh Kumar, Subodh Jha and Amlan Kumar Ghosh, Advs. JUDGMENT U.U. Lalit, J. 1. Leave granted. This appeal challenges the order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06.2010 the 3rd Additional Chief Judicial Magistrate, Ghaziabad found that no ground to summon the Appellants for trial was made out and the complaint being devoid of merits was liable to be dismissed Under Section 203 Code of Criminal Procedure. The aforesaid order was, however, set aside in Criminal Revision No. 179 of 2010 preferred by Respondent No. 2 by the Additional Sessions Judge, Court No. 2, Ghaziabad, who by his order dated 11.11.2010 remanded the matter with a direction to pass fresh orders after granting an opportunity of hearing to Respondent No. 2. The Appellants being aggrieved, preferred application Under Section 482 Code of Criminal Procedure being Application No. 9156 of 2011 in the High Court. Said application was disposed of by the High Court on 23.03.2011 observing that if the Appellants moved an application Under Section 245(2) Code of Criminal Procedure the same be heard and disposed of expeditiously. 4. Accordingly, an application Under Section 245(2) Code of Criminal Procedure was moved by the Appellants. Paragraphs 6 to 15 of the application for discharge dealt with acquisition of shares of Reliance Industries Ltd. 6. THAT true and correct position ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 000148642, Share Nos. 0007302483 to 0007302532 dated 27.1.2006-Total No. of shares 50. (b) Reliance Communication Ventures Limited: Folio No. 001486420, Certificate No. (Illegible) Share Nos. (Illegible) dated (Illegible)-total No. of shares 50. (c) Reliance Resources Limited: Folio No. 001486420, Certificate No. 000148642, Share Nos. 0007302483 to 0007302532 dated 27.1.2006-Total No. of shares 50. (d) Reliance Capital Ventures Limited: Folio No. 001486420, Certificate No. 000148642, Share Nos. 0007302483 to 0007302532 dated 27.1.2006-Total No. of shares 50. 12. THAT thereafter 3 new Companies were formed in the names of Reliance Capital Limited, Reliance Energy Limited and Reliance Power Limited under the Company Policy after merging all the above named 4 companies and following shares were issued in the joint names of Arun Kumar/s. Reliance Capital Limited: Master Folio No. 102341601, Certificate No. 016334160, share Nos. 0225139303 to 0225139305 = 2 Shares. (b) M/s. Reliance Energy Limited: Master Folio No. 102341601, Certificate No. 015734160, share Nos. 0213764143 to 0213764145 = 3 Shares. (c) M/s. Reliance Power Limited: Master Folio No. 20148620, Certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was asserted: 18. THAT all the above shares are in joint names. It is pertinent to mention here that no one can either sell or transfer the shares which are in the joint names nor anyone can change the address, unless and until both the shareholders agree and sign for this. 19. THAT no other shares have been purchased except the above shares. Therefore, the allegations of complainant that he will furnish details/information of one other folio as and when he becomes aware of that, are patently wrong, false and baseless and applicants emphatically deny such allegations. 20. THAT it is thus evident from the above facts that all the shares allotted by M/s. Reliance Industries have been issued in the joint names of Arun Kumar Goyal (i.e. complainant) and Devinder Kumar Goyal. Resultantly Complainant and Devinder Kumar Goyal have equal share in the above shares. Originals of all these shares are in the possession of Devinder Kumar Goyal. 21. THAT similarly shares allotted by M/s. Amrit Vanaspati Company are also in the joint names of Arun Kumar Goyal (i.e. complainant) and Devinder Kumar Goyal and consequently both the complainant and Devinder Kumar Goyal have equal shares ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1, although they were also in the name of opposite party No. 2. At no point of time any forgery has been committed and preparation of any act cannot be termed as forgery. 8. However, the High Court observed that in a petition Under Section 482 Code of Criminal Procedure disputed questions of fact could not be gone into and whether the shares were purchased by the Appellants or by Respondent No. 2 was a matter of evidence and as such no interference was called for. The aforesaid application was thus dismissed by the High Court on 29.05.2018, which decision is presently under challenge. 9. In support of the appeal, it was submitted that the instant complaint was a counter blast after Appellant No. 1 had disowned Respondent No. 2 by issuing an advertisement in the newspaper and swearing an affidavit to that effect; and after he had filed a civil suit seeking injunction against Respondent No. 2 from coming to the house of the Appellants and causing any hindrance; and after a criminal complaint was filed by the Appellant No. 1 against Respondent No. 2. It was submitted that as disclosed in the application Under Section 245(2) Code of Criminal Procedure, the entire funding for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants or should the Appellants be made to go through the rituals and rigour of trial. 12. While dealing with the jurisdiction Under Section 482 Code of Criminal Procedure to quash the proceedings at the stage of issuance of process, or at the stage of committal, or at the stage of framing of charges, that is to say before the commencement of actual trial, in the light of material placed on record by the Accused, this Court in Rajiv Thapar and Ors. v. Madan Lal Kapoor(2013) 3 SCC 330 laid down as under: 28. The High Court, in exercise of its jurisdiction Under Section 482 Code of Criminal Procedure, must make a just and rightful choice. This is not a stage of evaluating the truthfulness or otherwise of the allegations levelled by the prosecution/complainant against the Accused. Likewise, it is not a stage for determining how weighty the defences raised on behalf of the Accused are. Even if the Accused is successful in showing some suspicion or doubt, in the allegations levelled by the prosecution/complainant, it would be impermissible to discharge the Accused before trial. This is so because it would result in giving finality to the accusations levelled by the prosecution/compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vely, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the Accused should be such as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power Under Section 482 Code of Criminal Procedure to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice. 30. Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashment raised by an Accused by invoking the power vested in the High Court Under Section 482 Code of Criminal Procedure: 30.1. Step one: whether the material relied upon by the Accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality? 30.2. Step two: whether the material relied upon by the Accused would Rule out the assertions contained in the charges levelled against the Accused i.e. the material is sufficient to reject and overrule the factual assertions contained in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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