9911796707
TMI Blog2012 (2) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... s and evidence, it appears that the complainant had entrusted the money to the accused No.7 8 which they have misappropriated by not transferring the same to the d-mat account of the complainant as per his instructions. Therefore, both the accused i.e. accused No.7 and 8 are summoned u/s 406 5. The allegation of threatening the complainant is not substantiated as no evidence has produced on record for the same. Therefore, complaint is dismissed with regard to the allegation of threat of life. From the facts and evidence on record, no offence against any of other accused is made out. 2 Vide the aforesaid order dated 25.11.2010, learned Metropolitan Magistrate summoned accused Nos. 7 8 under Section 406 Indian Penal Code, 1860. Further observ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riminal complaint case bearing C.C.No.2086/1/2008, summoned petitioner Nos.1 to 8 and the fixed the matter for 21.05.2011. 7 Learned counsel for the petitioners submits that since qua the same cause of action, the earlier complaint filed by the respondent No.2 was dismissed against petitioner Nos.1 to 6, which is still pending before the Court of learned Metropolitan Magistrate having jurisdiction over the police station Darya Ganj and respondent No.2 filed a subsequent complaint after a gap of 12 days, wherein the learned Metropolitan Magistrate having jurisdiction over police station Kamla Market vide order dated 06.04.2011 has issued summons against the petitioner Nos.1-- 8. 8 I note that the complaint case No. 120/1 filed by complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section, - (a) company means any body corporate and includes a firm or other association of individuals; and (b) director in relation to a firm, means a partner in the firm. Application of other ..... X X X X Extracts X X X X X X X X Extracts X X X X
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