MOHD.YAMIN,J. - (1.) THESE three petitions are to be decided together, Ajay Chaturvedi, Anil Patodia, Dinesh Nandwana and Jyoti Nandwana have filed petition No. 864/2000 to quash FIR No. 434/2000 registered at Police Station Vigyan Nagar, Kota on 19.9.2000; while Ajay Chaturvedi, Anil Patodia and Dinesh Nandwana have filed petition No. 737/2000 to quash FIR No. 315/2000 registered at Police Station Vigyan Nagar, Kota on 1.7.2000; and Dinesh Nandwana also separately filed petition No. 865/2000 to quash FIR No. 315/2000 registered at Police Station Vigyan Nagar, Kota.
(2.) I have heard learned Counsel for all the parties i.e. petitioners, complainant and learned Public Prosecutor. In FIR No. 434/2000 registered on the basis of complaint, it is alleged that Smt. Jyoti Jhamnani applied for one lac shares at the rate of Rs. 10/ - per share in March, 1994 for a company Vikranjee Investment Limited at the behest of Chandra Prakash Nandwana. The promoter quota shares had to have a locking period of five years and as such the same could be transferred to her on 20.3.1999. She further asserted in the report that 10 share certificates each of 10000 shares was made available to her and these were made available on 26.10.1999 to petitioner No. 1 Ajay Chaturvedi at Mumbai. The necessary steps were not taken by the petitioners in the matter, therefore, the first information report was lodged at Kota which is challenged on the ground that Kota had no jurisdiction and consequently no offence is made out from the first information report and that if it is made out, it is under some special Acts and not under Indian Penal Code.
(3.) IN FIR No. 315/2000, the facts are stated that Shyam Sunder Arora filed a complaint in the court of Additional Chief Judicial Magistrate No. 1, Kota in respect of an event which took place on 10.3.1994. The complaint was preferred after nearly six years. The substance of the complaint was that he applied for one lac shares at the rate of Rs. 10/ -per share in March, 1994 for a company Vikranjee Investment Limited at the behest of Chandra Prakash Nandwana. As per the complaint, the promoter quota shares had to have a locking period of five years and as such the same could to transferred to the complainant on 20.3.1999. The complainant further asserted that 10 share certificates each of 10000 shares was made available to him on 26.10.1999 to petitioner No. 1 at Mumbai. No necessary steps were taken by the petitioners in the matter.;