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1995 (5) TMI 211

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..... dge, Economic Offences, in respect of transfer of 100 shares having share certificate No. 25308 which was sent to the company and which accord- ing to the complainant were sent by the said company after transferring the same to other person. The trial court took the cognizance of the offence and notices were issued to the accused petitioner. In the present case, the petitioner is a company which has come with a plea that the said shares were sent after transfer to Rahul Agrawal, son of (not known) B-4, Durga Path behind Jain Clinic, Ambabari. It appears that the said Rahul Agrawal was not the real owner and the person having no interest in the said share sold the said share to Canara Bank (Trustee) of Canara Bank Mutual Fund. On the stateme .....

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..... coupon, or receives or attempts to receive any money due to any such owner, he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 4. A contention has been raised by the learned counsel for the respon- dents and also appears to be duly supported by the argument of the learned counsel for the petitioner that the respondent Rahul Agrawal, son of Shri Raj Kumar Agrawal, has sent the shares to transfer to the petitioner-company. The petitioner-company has despatched those shares to another Rahul Agrawal and this may be because of the reason that the names of both the persons were common. It is stated by Mr. Kuhad that 200 shares were sent by Rahul Agrawal, son of Raj Kumar Agraw .....

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..... en to the respondent. The petitioner shall also assist in providing the necessary documents or other informations which may be required in the Court below. The compliance of this order by the petitioner shall be made within a period of one month from today. 7. The informations with regard to documents which are required to be submitted by the respondent Rahul Agrawal, son of Raj Kumar Agrawal, would be given by the learned counsel for the petitioner and he will send the same to the company which may be delivered within a period of 30 days from the date of receipt of the communication from the respondent. 8. Canara Bank have not appeared in spite of service of notices. In view of the fact as stated above, it is directed that the said .....

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