MANU/SC/0469/2021

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 569 of 2021 (Arising out of SLP (Crl) No. 4728 of 2019)

Decided On: 23.07.2021

Appellants: Prakash Gupta Vs. Respondent: Securities and Exchange Board of India

Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud and M.R. Shah

JUDGMENT

Dr. D.Y. Chandrachud, J.

This judgment has been divided into Sections to facilitate analysis. They are:

A

The Appeal

B

The IPO, SEBI's Investigation and the criminal complaint

C

Application for Compounding

D

Counsel's submissions

E

Analysis

 

E.1 Structure of the SEBI Act

 

E.2 SEBI Circulars in relation to Section 24A

 

E.3 Jurisprudential basis for 'Compounding'

 

E.4 Compounding outside of Code of Criminal Procedure

 

E.5 Regulatory role of SEBI

F

Guidelines for Compounding Under Section 24A

G

Analysis on facts and conclusion

A. The Appeal

1. The Appellant is being prosecuted for an offence Under Section 24(1) of the Securities and Exchange Board of India Act, 1992 ("SEBI Act"). The Appellant sought the compounding of the offence Under Section 24A. By an order dated 15 November 2018, the Additional Sessions Judge - 02 Central District at Tis Hazari Courts, Delhi ("Trial Judge"), rejected the application, upholding the objection of the Securities and Exchange Board of India that the offence could not be compounded without its consent. By a judgment of a Single Judge of the High Court of Delhi dated 1 April 2019 the order of the Trial Judge has been affirmed in revision. The High Court has held that the trial has reached the stage of final arguments and the application for compounding cannot be allowed without Securities and Exchange Board of India's ("SEBI") consent. The reasons of the High Court are extracted below:

6. Compounding at the initial stage has to be encouraged, but not at the final stage. The object of the SEBI Act has to be kept in mind. A stable and orderly functioning of the securities market has to be ensured. It will not be in the interest of justice to discharge the Accused at the final stage o........