IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37532 of 2007 1. M/S RELIANCE INDUSTRIES LTD.,A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT MAKER CHAMBERS-IV, THIRD FLOOR, 222-NARIMAN POINT, MUMBAI-400021 THROUGH ITS CONSTITUTED ATTORNEY NAMELY GOPAL R. MENGHANI HAVING ADDRESS AS ABOVE 2. MUKESH D. AMBANI, S/O LATE SHRI DHIRUBHAI H.AMBANI, HAVING ADDRESS: MAKER CHAMBERS IV, THIRD FLOOR, 222 NARIMAN POINT, MUMBAI -400 021. --------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SMT. KRISHNA JHA, W/O GIRISH KUMAR JHA, C/O SHRI UPENDRA NARAYAN JHA, 6A VED NAGAR, BAILEY ROAD, P.S. DANAPUR, DISTT-PATNA ---------------------------- OPP.PARTIES -------- For the petitioners : M/S Y.V. Giri, Sr. Advocate and Manoj Kumar Ambastha, Advocate. For the State : Dr. Mayanand Jha, A.P. P. For Opp.Party no.2 : Mr. Bijay Bahadur Tiwary, Advocate -------- O R D E R 3 2.12.2008 M/S Reliance Industries Ltd. and its Chairman-cum- Managing Director, Mukesh D. Ambani, the two petitioners herein, have prayed for the quashing of the entire proceeding including the order dated 29.6.2000 passed in Complaint Case no.272( C) of 2000 by Susri Saroj Kumari, Judicial Magistrate, First Class,Patna, whereby she has taken cognizance under Sections 409,420,120B I.P.C. against the petitioners and another. One Krishna Jha, the complainant, impleaded herein as Opp.Party no.2 , filed the complaint case inter alia alleging that she had purchased 50 shares of the Company and had sent the certificates thereof to accused no.3, Karvy Consultant Ltd, the Registrar and - 2 - Transfer Agents of the Company for transfer of the shares in the name of her husband and herself but notwithstanding sending several reminders the complainant did not receive back the certificates duly transferred in the names of her husband and herself. The legal notice sent evinced no response. After cognizance had been taken the grievance of the complainant was duly resolved and accordingly on 21.7.2001 the complainant filed a petition with affidavit in the court stating that she had not filed the requisites for issuance of summons as she did not wish to proceed with the case. It was also stated that she would not be adducing any evidence and the complaint may be dismissed for non- compliance of the order or the accused be discharged. Another petition was filed on 25.6.2007 to the same effect but neither of them has been disposed of by the court below and instead bailable warrants were issued. It has been submitted on behalf of the petitioners that even if assuming , though not admitting , the allegations as made out in the complaint and statement of witnesses, to be true no offence prima facie can be said to have been made out. It was also submitted that the share certificates had admittedly been sent to Karvy Consultants Ltd. and the two petitioners herein had no apparent role to play therein in the process of transfer of share certificates. No show cause has been filed by Opp.Party no.2 but the learned counsel submits that his client is not interested in pursuing the litigation. - 3 - Apart from no offence under Sections 409,420 or 120B I.P.C. being made out no gainful purpose would be served by keeping the litigation pending moreso when the complainant herself had submitted to the court about her disinterestedness in proceeding with the case and not producing any witnesses. That apart the complainant’s grievance has been resolved. In the circumstances, it would only be appropriate to intervene in the matter and quash the proceeding so far as the petitioners herein are concerned and allow the application. ( Abhijit Sinha, J) NKS/-