B L SHARMA Vs. M PERKASH MALHOTRA

JUDGEMENT

(1.) This is a petition u/s 482 of the Cr. PC. read with Article 227 of the Constitution of India, which is concerned with a criminal case filed by Shri O.P. Malhotra, respondent No. 1 u/s 454 (5) of the Companies Act, 1956, in relation to M/s. Youngmen Benefit Chit Fund (P) Ltd., which is a company in the process of being wound up in a creditors voluntary winding up. The winding up commenced on 27th April, 1973, by means of a special resolution. The resolution passed by the share-holders appointed the said Shri 0. P. Malhotra as joint liquidator along with Shri B.L. Sharma, who is one of the petitioners in this case. The date of the share-holders resolution is 27th April, 1973 and it seems to have been passed by the creditors on the same date. According to the application, there were six directors on that date & Shri O.P. Malhotra, respondent No. 1 was removed by the creditors at a meeting held on 11th August, 1973. I may here mention that in separate proceedings, I have since removed both Shri O.P. Malhotra and Shri B. L. Sharma and appointed the Official Liquidator and the company is being wound up under the supervision of the Court.

(2.) The objection of the petitioners is that Shri O.P. Malhotra has filed a false complaint u/s 454 (5) of the Companies Act, 1956, in the Court of Shri R.N. Jindal, Magistrate 1st Class, Delhi. A copy of that complaint has also been filed. The validity of the complaint and the jurisdiction of the Magistrate have been challenged in the petition,

(3.) A counter-affidavit was filed by Shri O.P. Malhotra and some certified copies of the orders passed by Magistrate have also been filed. I may mention that the Magistrate has held that there is substance in the complaint and it should be proceeded with.