IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.896 of 2000 O. N. RAVI Versus STATE OF BIHAR & ANR For the petitioner: Shri S.D.Sanjay,Adv. For the State: ShriYogendra Kumar Singh,A.P.P. ----------- 9. 29.6.2010 This petition has been filed on behalf of the petitioner who is the Company Secretary, SBI Funds Management Ltd, which is located at the address appearing in the petitioner’s address seeking an order for quashing the proceedings initiated on Complaint Case No. 737C of l1999 on the basis of which the order of summoning dated 18.8.1999 was passed against the petitioner. I have perused the complaint petition and I find that the whole allegations are made, as regards sending of share certificates for transfer and the subsequent reminders or replies, against accused No.1, i.e., Assistant Manager, Datamatics Financial Services Ltd. described at serial no.1 of the column of accused of that particular complaint petition. It has been mentioned, of course, in the complaint petition at one particular place, i.e., at page 11 that the complainant received the duplicate share transfer form which was fabricated and forged certificate of transfer. But the basic issue was that the whole business of transferring shares was never assigned to the petitioner who was the Company Secretary rather it was the duty of accused no.1 described at serial no.1 of the array of the accused. One may refer to the decision of the Supreme 2 Court reported in A.I.R.1983 S.C 67 Municipal Corporation of Delhi Vs. Ram Kishan Rohtagi & ors. to point out that an accused who has nothing to do with the day-to-day function of the company of which the accused was an employee, like Director or Managing Director, his acts could not be termed as an act of offence. Considering the above, the order of summoning was passed without any basis so as to putting the petitioner O.N. Ravi on trial of complaint petition No. 737C of 1999. That order as regards the petitioner is quashed. As regards the other accused, the proceedings on the said complaint petition, after this order shall get revived and be proceeded with. Kanth ( Dharnidhar Jha, J.)