Patna High Court
Surendra Ambalal Dave S. A. Dave vs State Of Bihar And Anr on 1 May, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40079 of 2016
Arising Out of PS. Case No.-1866 Year-1995 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
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Surendra Ambalal Dave (S. A. Dave), Son of Late Ambablal Asharam Dave,
Former Chairman, erstwhile Unit Trust of India, New Marine Lines, P.S.-Ajad
Maidan, Mumbani-400020, at present UTI Asset Management Company
Limited ( a successor to the erstwhile Unit Trust of India), UTI Tower, Gn.
Block, Bandra Kurla P.S.-BKP Complex, Bandra [East], Mumbai-400051.
... ... Petitioner
Versus
1. The State of Bihar
2. Shreedhar Narayan, Son of Late Amrendra Narayan, "Rai Bahadur Kothi"
in front of Jumma Masjid, Nai Bazar, Police Station, Town, District-
Muzaffarpur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Gouranga Chatterjee, Advocate
Mr. Sahil Kumar, Advoate
Mr. Ujjwal Raj, Advocate
For the Opposite Party/s : Mr. Madhuranand Jha, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 01-05-2024
Heard learned counsel for the petitioner and
learned APP for the State.
2. The present application has been filed by the
petitioner for quashing the entire criminal proceeding
pending in the court of learned Judicial Magistrate-1st Class,
Muzaffarpur in Complaint Case No.1866 of 1995/Tr.
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No.1121 of 2016, registered for the offences under Sections
120-B, 406, 409 and 420 of the Indian Penal Code (for
short 'IPC').
3. The prosecution case, in brief, speaks that the
complainant in the joint name of his wife, namely, Mrs.
Shalini Agrawal had purchased from secondary market, two
Unit Certificates of 100 Units each of Master Share 1986
scheme of the erstwhile Unit Trust of India from one Shri
Kirti Bhai Patel to whom the Unit Certificate had been
originally issued by the erstwhile Unit Trust of India in the
year 1991. The face value of the said two Unit Certificates
was Rs.2,000/-. The complainant/Opposite Party No.2 had
sent transfer application to the erstwhile Unit Trust of India
by registered post on 23.11.1993 for registration of the said
Unit Certificate in the joint name of the complainant. The
complainant further alleged that according to the Master
Share 1986 Scheme of the erstwhile Unit Trust of India, the
holder of the Unit certificates was entitled for bonus and
rights of the Units offered by the erstwhile Unit Trust of
India, provided the name of the holder must be registered as
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on the 'record date' as a unit holder. Since the unit
certificates were not registered in the name of the
complainant during the period, the petitioner and his wife did
not get the benefit of rights and bonus units offered by the
erstwhile Unit Trust of India. It is further alleged that the
complainant had written several letters to the erstwhile Unit
Trust of India and the petitioner but, the grievance was not
redressed and due to non-redressal of the said grievance,
the petitioner had misappropriated the rights and bonus units
of the Master Share 1986 unit scheme of the erstwhile Unit
Trust of India.
4. It is submitted by learned counsel appearing for
the petitioner that the cognizance order dated 13.02.1996
has already quashed by this Hon'ble High Court through Cr.
Misc. No.11246 of 1996 vide order dated 04.01.2000. It is
submitted that vide aforesaid order dated 04.01.2000, a
condition was imposed while disposing the aforesaid criminal
miscellaneous that payment of Rs. 1,000/- by way of cost
and further a sum of Rs.1,500/- by way of interest and
delayed payment, total Rs. 2,500/- be made to the
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complainant within three weeks from the date of order i.e.
04.01.2000
failing which the proceeding in connection with
Complaint Case No.1866 of 1995/Tr. No.1121 of 2016 will
remain continued against the petitioner.
5. It is further submitted by Mr. Chatterjee that
in compliance of the aforesaid condition, the payment was
made by accused/petitioner to the complainant through
cheque No.466882 dated 18.01.2000 drawn on S.B.I.,
Patna, which was duly honoured, for which complainant
granted a receipt on 19.08.2016, which is Annexure-6 of the
supplementary affidavit dated 29.11.2017.
6. It is submitted that it was for the complainant
to inform the Court regarding receiving of payment, which
was made to him within time by the petitioner but, as due to
certain oblique reason, he failed to inform the learned trial
court and for the said reason, the proceedings remained
continued against the petitioner.
7. It is submitted that as the payment was made
within time, in compliance of Hon'ble High Court's order, as
aforesaid, the non-appearance of petitioner before the
Patna High Court CR. MISC. No.40079 of 2016 dt.01-05-2024
learned trial court was bona fide, having all reasons to
believe that further proceedings stand quashed against him.
8. In view of above, it is submitted that continuity
with the present proceedings would only amount to misuse
of the process of court of law and, as such, all proceedings
in this matter after communication of the order dated
04.01.2000 as passed in Cr. Misc. No.11246 of 2000 shall
be quashed by confirming the aforesaid order as its condition
was complied within time by the petitioner.
9. Considering the submission and upon perusal
of record, it appears that petitioner had paid Rs. 2,500/- to
the complainant within time as framed by Hon'ble High Court
while quashing the impugned order of cognizance dated
13.02.1996 and, as such, any continuity of further
proceedings would only amount to misuse of the process of
the court of law.
10. Accordingly, the entire proceedings in terms
of order dated 04.01.2000 as passed in Cr. Misc. No.11246
of 1996 is hereby quashed and set aside qua petitioner.
11. The application stands allowed.
Patna High Court CR. MISC. No.40079 of 2016 dt.01-05-2024
12. Let a copy of the judgment be communicated
to the learned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04-05-2024
Transmission Date 04-05-2024
