A G GAGGAR Vs. STATE OF DELHI

JUDGEMENT

(1.) CRL. M. C. NO. 5673 of 2005 is an application under Section 482 of the code of Criminal Procedure, 1973 ( Crpc ) seeking the quashing of proceedings against the Petitioner in Complaint Case No. 272 of 2005 under Sections 162/220 read with Section 220 (3) of the Companies Act, 1956 ( Act ). The complaint in question was filed on 14th February, 2005 by the Assistant Deputy Registrar of companies, National Capital Territory of Delhi and Haryana in the Court of learned Additional Chief Metropolitan Magistrate ( ACMM ) against M/s. Neha exports Limited and five individuals, including the Petitioner here Mr. Anand gopal Gaggar in their capacity as Directors or Officers of Neha Exports Limited for failing to file the balance sheet and profit and loss account of the company as on March 31, 2004 with the Office of the Registrar of Companies ( ROC ) in compliance with Section 220 of the Act.

(2.) CRL. M. C. No. 5674 of 2005 is an application under Section 482 Crpc seeking the quashing of proceedings against the Petitioner in Complaint Case No. 273 of 2005 under Sections 159 read with Section 162 of the Act. The said complaint was filed by the Assistant Registrar ROC, NCT of Delhi and Haryana in the Court of learned ACMM against M/s. Neha Exports Limited and five individuals, including the Petitioner here Mr. Anand Gopal Gaggar, in their capacity as Directors or Officers of Neha Exports Limited. The allegation was that they were liable for failing to file the annual returns of the company made up to 30th September 2004 in accordance with Section 159 of the Act.

(3.) SINCE both petitions involve the same parties and similar issues, they are disposed of by this common judgement.