Delhi High Court - Orders
Securities & Exchange Board Of India vs Rakesh Kumar Srivastava & Anr on 28 January, 2019
Author: Najmi Waziri
Bench: Najmi Waziri
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 29/2018, Crl. M.A. 509/2018
SECURITIES & EXCHANGE BOARD OF INDIA..... Petitioner
Through: Ms. Pinky Anand, ASG, Mr. Sanjay
Mann, Mr. Sumit Teterwal, Ms. Snidha Mehra and
Mr. Chakitan Vikram Shekher, Advs.
Versus
RAKESH KUMAR SRIVASTAVA & ANR ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 28.01.2019 The petitioner contends that the impugned order has erred in construing the unsigned, although, albeit printed, copy of the prospectus as inadmissible evidence; whereas the said document could have been easily summoned for examination. A signed copy of the same was filed before the Registrar of Companies by the accused; indeed, one of the co-accused Mr. Tarun Goyal S/o Mr. G.R. Goyal has pleaded guilty of charges under sections 63 and 68 of the Companies Act (page 216 of the paper-book).
The learned counsel also refers to section 391 of the Cr.P.C. whereunder additional evidence could be considered by the appellate Court.
Issue notice by ordinary process, Speed Post, approved courier, dasti, through counsel as well, returnable on 14.05.2019.
NAJMI WAZIRI, J.
JANUARY 28, 2019 acm