PARTHA GHOSH Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of the Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") is directed against the complaint bearing CC No.171/3 of 2014 pending in the court of Additional Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi (hereinafter, referred to as "ACMM") and order of summoning dtd. 10/7/2014.

(2.) Learned counsel appearing on behalf of the petitioner challenges the impugned order mainly on the ground that the same is without application of mind; the allegation made in the complaint does not constitute any offence and lastly, in view of Ss. 468 and 469 of the Cr.P.C, the period of limitation is six months and the complaint is filed after the expiry of six months.

(3.) It is further submitted that in the instant case, the offence is punishable only with a fine, therefore, from the date of knowledge of the offence i.e., 24/6/2013, the complaint should have been filed within six months, however, in the instant case, it was filed on 10/7/2014, hence, it is barred by limitation. She has placed reliance on the following decisions: