Sasikumar Ks v. Registrar of Companies
Case brief
What is this about?
The High Court of Kerala held that a belated application (filed two years later) to quash proceedings for an offence under Section 220(3) of the Companies Act, raising a dispute over control, does not warrant interference, as the matter should have been raised at the trial stage. Permanent exemption was reserved to the trial court.
What did the court decide?
Petitioner directed to raise plea before trial court; request for permanent exemption reserved to ACJM.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933
Crl.MC.No. 1010 of 2011()
------------------------------------ST.NO. 464/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM
PETITIONER(S): 3RD ACCUSED
-----------------------------------------------
SASIKUMAR.K.S,AGED 51,S/O.SIVARAMA MENON, R/AT AT KAROTH HOUSE,IRIMPANAM P.O, THIRUVANKULAM VILLAGE,THRIPUNITHURA ,ERNAKULAM.
BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA SMT.N.K.SHEEBA
RESPONDENT(S): COMPLAINANT --------------------------------------------------
Issues for consideration
2 issues framed by the court
Whether a belated objection regarding lack of control over company affairs warrants quashing of proceedings.
Whether the Additional Chief Judicial Magistrate should grant permanent exemption from prosecution.
Parties & counsel
- petitioner
SASIKUMAR.K.S
- respondent
THE ASST.REGISTRAR OF COMPANIES
Coram
THOMAS P.JOSEPH
Case details
As recorded by the court registry
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