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Delhi Court directs framing charges against accused in shares attached by income tax in Harshad Mehta Scam

 

A Delhi Court has given order for framing charges against of charges against person named, Rajendra Prasad Sharma for allegedly selling shares which were  attached by the Income Tax Department in year 1990 in the Harshad Mehta’s scam case/

 Metropolitan Magistrate (MM) Yashdeep Chahal of the Patiala House Court directed to frame charges against Sharma under Sections 420 and 468 of the Indian Penal Code after it found that the accused had signed the sale form without any authority.

The court opined that at the present stage the consideration before it was whether the material in the pre­charge evidence, if un­rebutted, would establish the guilt of the accused or not.

The court noted that the pre­charge evidence stated accused to have signed on the sale orders despite having no authority to do so, along with no decline by him on the same.

The complaint was filed by M/s. Share Shoppe against Rajendra Prasad Sharma who illegally sold pre-attached shares by signing the documents without any authority.

They also alleged that Sharma dishonestly and fraudulently signed the spot sale orders without having any authority in that regard.

It was also said that Sharma filled two spot sale orders on July 5, 1995, and September 8, 1995, for the sale of certain shares of a Company, representing himself as the owner of the shares which he duly en-cashed.

Ut was also alleged that the Registrar of company had declined to transfer the said shares on the ground that the seller’s signatures were not matching.

The accused had submitted that the signatures on the forms belong to him, but he reiterated that he signed at the instance of his parents.”

the Court said that Sharma himself signed the said forms, whereas the names of the holders of shares belonged to his parents, the court ordered, that charges shall be framed against the accused under Sections 420 & 468 of IPC. Put up for framing of charges on 06.05.2023.

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