MANJU YADAV Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The present petition seeks a quashing order, under Section 482, Code of Criminal Procedure, (hereafter "the Code") in respect of criminal proceedings, filed by the Registrar of Companies.

(2.) The petitioner avers and it is so contended by his counsel, that the prosecution for commission of offences is not maintainable on two counts. One, the allegation about violation of Section 62 does not result in commission of an offence, since that provision relates to a civil wrong; Two, that the prosecution as far as the offence under Section 68, Companies Act, is concerned, is not maintainable, because no sanction was obtained for the purpose. Reliance was placed upon the decision reported as Rajeev Shukla v. Registrar of Companies 135 (2006) DLT 599. In that decision, the court held as follows:

(3.) Learned counsel for the respondent, Shri Baldev Malik, submitted that the proceedings should not be quashed, as regards the offence under Section 68, since the sanction was validly obtained.