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2014 Supreme(Raj) 255

MAHESH CHANDRA SHARMA
A. K. Pandya – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr. Biri Singh Sinsinwar, Sr. Advocate with Miss Suruchi Kasliwal for the accused petitioners in S.B. Cr. Misc. Petition Nos. 3908/2012, 3833/2012 and 3833/2012 Mr. Mahendra Singh for the accused petitioners in S.B. Cr. Misc. Petition No. 3846 of 2012 Mr. Vijay Singh Poonia for the respondent No.2 in all the four criminal misc. petitions. Mr. R.S. Shekhawat, Public Prosecutor for the State of Rajasthan in all the four criminal misc. petitions.

Judgment

These four criminal misc. petitions have been filed by the accused petitioners against the order dated 5.11.2012 passed by Additional Metropolitan Magistrate (Junior Division) No.21 Jaipur Metropolitan, Jaipur in Criminal Case No. 113 of 2003 (under sections 406 and 120 B IPC) whereby the application dated 7.7.2003 filed by the accused petitioners (except accused No.4) seeking exemption from personal appearance under section 205 of the Criminal Procedure Code was rejected.

2. Since all the aforesaid criminal misc. petitions have been filed against the order dated 5.11.2012 passed by Additional Metropolitan Magistrate (Junior Division) No.21 Jaipur Metropolitan, Jaipur rejecting the application under section 205 of the accused petitioners, they are being disposed by this common order.

3. Facts as alleged in Criminal Misc. Petition No. 3846 of 2012 are taken into consideration. A rights Issue was brought out in the year 1999 by the erstwhile Bank of Rajasthan comprised of 448,55,480 equity shares of Rs. 10/- each for cash at a premium of Rs. 5 per share with one detachable warrant carrying the right to be converted in one equity share within 12-18 months. In the first phase of
























































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