Y.R.MEENA, J. - (1.) BY this petition it is prayed that Criminal Complaint No. 59 of 1993 as also the proceedings taken thereon by the trial court Special Court of Judicial Magistrate (Economic Offences), Rajasthan, Jaipur, be quashed and set aside.
(2.) THE petitioner -company, Herdillia Unimers Ltd., for the purpose of increasing its capital came out with a public issue of shares and debentures in the year 1992. The said public issue was to commence on June 1, 1992, and scheduled to close on June 11, 1992. The public issue having been oversubscribed it was duly closed on June 4, 1992, being the earliest scheduled date of closing. Under the terms and conditions of the aforesaid allotment, any person could apply for shares and/or debentures. Every applicant was required to pay a sum of Rs, 10 per equity share and a sum of Rs. 200 per debenture, as the case may be. On the closure of the aforesaid public issue a return was filed by the petitioner before the Securities and Exchange Board of India, a statutory body, giving out details regarding the applicants who were given allotments of shares/debentures as also those applicants whose deposit money was refunded. The applications for allotments of the aforesaid shares/debentures were to be processed, examined and considered at the aforesaid office of the petitioner -company at Bombay. The decision with respect to allotment of the shares/debentures was also taken at Bombay. In the event of allotment of shares/debentures, certificates in this regard were sent by the petitioner from its Bombay office, and in cases of non -allotment thereof the money was refunded by the petitioner -company from its Bombay office.
(3.) THE respondent, Arun Bansal, has also applied for allotment of shares/ debentures to him and to his wife, Vimlesh Bansal. But no allotment of share or debenture was made and Rs. 3,000 were sent to Arun Bansal, vide refund order No. 192412, further Rs. 3,000 were sent to Vimlesh Bansal, vide refund order No. 192414.;