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2013 (3) TMI 725 - SUPREME COURTValidity of summon order passed by the Metropolitan Magistrate (M.M) u/s 415, 409, 34, 120B of the Indian Penal Code (IPC) against the Managing Director, the Company Secretary and the Directors of the Company and the company - The complainant alleged that the respondents have committed criminal breach of trust and cheating, inasmuch as they have sold off shares of the complainant and misappropriated the entire sale proceeds. Considering the facts of the case magistrate issued the summon. HELD THAT:- Considering the allegations made in the complaint, documents placed on the record and the evidence led by the witnesses, and after being satisfied that a prima facie case is made out, directed issuance of summons against the respondents to face trial under the aforementioned Sections of IPC. The learned Magistrate has been directed to proceed with the trial against respondent No. 1 u/s of IPC. The issuance of summons against respondents Nos. 2 to 7, namely, the Managing Director, the Company Secretary and the Directors of the Company cannot be sustained and the same are liable to be set aside. So far as respondent No. 1 Company is concerned, the issuance of summons as against the Company under Section 415 IPC also cannot be sustained. The order of the High Court, therefore, needs no interference by this Court.
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