- (1.) Since both the cases arise out of the same case were heard together and are being disposed of by this common order. It is the case of the informant Paras Nath Prasad (opposite party no. 2) that he was having Demat account with ICICI Bank through whom he was dealing with the matter relating to sale and purchase of the shares. When he came across with one Manish Kumar, Branch Manager of India Infoline Limited, he expressed his desire that certain shares be transferred through India Infoline Limited instead of ICICI Bank. Upon which Manish Kumar informed that it is not possible for the India Infoline Limited to transfer the shares unless shares are transferred from ICICI Bank to India Infoline Limited. When the informant expressed his desire to get it transferred to India Infoline Limited, Manish Kumar introduced Rakesh Ranjan Singh, (petitioner in Cr. M.P. No. 1550 of 2010) to him who was holding the post of Relationship Manager of India Infoline Limited and said that he will be doing needful in the matter. At the same time, it was told by Manish Kumar that for the purpose of getting the shares transferred from ICICI Bank to India Infoline Limited, he is required to put his signatures on the transfer slips and rest of the details would be filled up by Rakesh Ranjan Singh. Accordingly, the informant having put his and his wife's signature over the transfer slips gave it to Manish Kumar, who in turn, gave it to Rakesh Ranjan Singh for doing needful for transferring the shares in the manner given below:-- 1. From S.B.I. demat account to India Infoline Limited demat A/c No. 1204470003929083 holder Paras Nath Prasad and Sandhya Prasad. 2. From ICICI demat account no. 41576889 to India Infoline Limited demat A/c No. 1204470004091451 holder Sandhya Prasad and Paras Nath Prasad.
(2.) Further case is that so far transfer of the shares from SBI demat account to India Infoline Limited demat account is concerned, that was done but with respect to transfer of shares from demat account of ICICI Bank to demat account of India Infoline Limited is concerned, Rakesh Ranjan Singh fraudulently got the shares worth Rs. 25 lacs transferred in his account no. 1201092600197814 which he was having with Motilal Oswal Securities Limited. When the informant came to know about the mischief being done by Rakesh Ranjan Singh, he tried to contact him frantically but always failed. He even could not be contacted on cell phone. Thereupon, he made complaint in this regard to the Branch Manager, ICICI Bank and even to the Branch Manager of India Infoline Limited. On 29.5.2009, Manish Kumar, Branch Manager and Sanjay Singh (petitioner in Cr. M.P. No. 1582 of 2010), Territorial Manager of India Infoline Limited came to the residence of the informant to discuss and negotiate with him about the fraud committed by Rakesh Ranjan Singh. Both of them said that the address given by Rakesh Ranjan Singh in the employees record was incorrect but, in fact, he came to know that the address given in the employees' record was quite correct and that Manish Kumar and Sanjay Singh of India Infoline Limited did not make any effort to restore all the scrips to ICICI demat account.
(3.) On the said allegations, a case was lodged which was registered as Bistupur P.S. Case No. 185 of 2009 under Sections 419, 420, 409, 467, 468, 471 and 120B of the Indian Penal Code. The police after investigation submitted charge-sheet, upon which cognizance of the offences was taken under Sections 419, 420, 409, 467, 468, 471 and 120B of the Indian Penal Code against the petitioner and others.;