Subhash Datta Chaudhari v. The State Of NCT

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 52/2015 SUBHASH DATTA CHAUDHARI ..... Petitioner Through :Mr. Manoj Ohri, Sr. Advocate with Mr.

Sachin Paril and Mr.

Nitin Lonkar, Advs.

versus THE STATE OF NCT ..... Respondent Through :Mr. Yogesh Verma, APP with SI Alok, P.S. Sarai Rohilla

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.04.2015 Learned APP submits that FIR No. 991/2014 under Sections 406/465/468/471/120-B IPC read with Section 66-C of the Information Technology Act, 2000 was registered at Police Station Sarai Rohilla against the petitioner and co-accused on the complaint of Director of M/s. Tigaksha Safety Razor Blade Pvt. Ltd. The complainant alleged in the FIR that Shri Ajai Kumar, Company Secretary had uploaded Form No. 32 on 20th June, 2012 on the website of Ministry of Corporate Affairs to the effect that petitioner was appointed as an Additional Director of the company with the motive to harm goodwill of the company. He alleged that he came to know about this fact in the month of August, 2012. On coming to know this

information, he sent a notice dated 16th August, 2012 to co-accused Ajai Kumar and also lodged a complaint with the Institute of Company Secretaries of India, which held Ajai Kumar guilty of not exercising due diligence while performing his professional duties. Co-accused Ranvir Chandel was in possession of the digital signatures of the complainant, which were misused and petitioner was shown as having been appointed as Additional Director of the company in Form No. 32. Learned Senior Counsel for the petitioner contends that petitioner is aged about 60 years and is a resident of Mumbai. He never participated in any of the meetings of the said company nor has derived any benefit from the company. Petitioner did not visit Delhi nor was in possession of any digital signature nor had uploaded Form No. 32 on the website.

Petitioner is not aware as to who had uploaded the said Form and on whose instructions. Complainant had allegedly come to know about the uploading of Form no. 32 in the month of August, 2012; however, no FIR was lodged till 2014. There is no explanation for such a long delay.

has also given his handwriting and specimen signatures, which have been sent to FSL.

Keeping in mind the totality of circumstances, it is ordered that in case of arrest, petitioner be released on bail subject to his furnishing a personal bond in the sum of `25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of Investigating Officer/Arresting Officer/Station House Officer, Police Station Sarai Rohilla. However, petitioner shall cooperate in the investigation and appear before the Investigating Officer as and when he is called upon to do so. Application is disposed of in the above terms. Dasti. A.K. PATHAK, J.

APRIL 29, 2015 rb