GANESH KRISHNAMURTHY Vs. STATE

JUDGEMENT

(1.) In these six Petitions, the Petitioner invokes the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing of the six complaints filed under Sections 159/162 of the Companies Act, 1956 (the Act) filed against him.

(2.) The Petitioner's case as set up in the Petitions is that M/s. AKG Acoustics (India) Ltd. (AKG Acoustics) was incorporated on 07.03.1988 and was registered as a Public Limited Company under Registration No.05- 033134 under the Companies Act. The Petitioner was inducted as a Director in the said Company on 31.01.1997. However, he (the Petitioner) resigned from his post of Directorship on 28.07.1997 vide a letter of resignation of even date (Annexure P-2).

(3.) The Petitioner alleges that a notice dated 17.02.2000 was issued by Respondent No.2 Registrar of Companies (ROC) to AKG Acoustics and its Directors for non compliance of some of the provisions under the Act. The said notice was also addressed to the Petitioner showing him as one of its Directors. The Petitioner sent a reply dated 25.04.2000 (Annexure P-3) to the ROC through his Chartered Accountant informing the ROC about his resignation w.e.f. 28.07.1997. The said reply was duly received in the office of ROC on 25.04.2000 itself. The Petitioner sent another reply dated 28.08.2000 under his own signatures (Annexure P-4) again intimating the ROC about his resignation from the Directorship w.e.f. 28.07.1997. According to the Petitioner a copy of the resignation letter was also enclosed with the reply submitted by him.