Petitioner accused appealed against a complaint for willful default under the Companies Act. The court dismissed the criminal miscellaneous petition, refusing to quash proceedings despite claims of destroyed records due to fire.
Petition to quash proceedings was dismissed. Petitioner free to urge contentions on merits before trial court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930
Crl.MC.No. 949 of 2005()
-----------------------ST.NOS.235,236,237,238,239&240/2004 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM
PETITIONER/ACCUSED:
G.S. SAJIKUMAR, S/O. GOPINATHAN NAIR, "SANTHI NILAYAM", NAVAIKULAM, THIRUVANANTHAPURAM.
BY ADV. SRI.MANOJ R. NAIR
RESPONDENTS/COMPLAINANT&STATE:
BY ADV. SRI.JOHN VARGHESE, ASSISTANT SOLICITOR GENERAL PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.A.NO.3226/2005 IN CRL.M.C.NO.949/2005
DISMISSED
25.08.2008. SD/= V. GIRI, JUDGE.
/TRUE COPY/
cl
V. GIRI, J.
CRL.M.C.NO.949 OF 2005
------------------------------------Dated this the 25th day of August, 2008.
O R D E R
The second accused in S.T.Nos.235,236,237,238,239 and 240/2004 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, is the petitioner herein. He seeks to quash Annexure A1 series of complaints filed by the Assistant Registrar of Companies against Penguin Rubbers P. Ltd and two of its Directors including the petitioner herein under Section 220(3) of the Companies Act. The allegation is that there was a willful default on the part of the accused in filing the statutorily prescribed returns and therefore they have rendered themselves liable for the offence under Section 162 of the Companies Act.
Crl.M.C.No.949/05
2
part of the Directors might be relevant before the learned magistrate in the matter of imposition of sentence. The proceedings are not rendered illegal for such reason.
For all these reasons, I do not find any ground to interfere with the proceedings before the Additional Chief Judicial Magistrate. The Crl.M.C is accordingly dismissed, but I make it clear that I have not considered any of the contentions of the petitioner on merit and he will be free to urge them before the trial court.
V. GIRI, JUDGE.
cl
Crl.M.C.No.949/05
3
3 issues framed by the court
Whether the criminal proceedings under Section 162 of the Companies Act for willful default in filing returns should be quashed.
Whether alleged destruction of records due to fire mishap renders the imposition of sentences illegal.
Whether grounds for interference exist in the criminal miscellaneous case regarding the section 220(3) complaints.
2 provisions across 1 enactments
G.S. SAJIKUMAR
THE ASSISTANT REGISTRAR OF COMPANIES (KERALA)
STATE OF KERALA
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
