HARBANS LAL Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THE prayer in this petition under Section 482 Code of Criminal Procedure (Cr.PC) is for quashing of Company Case No. 122/2005 titled "Registrar of Companies v. Rishi Electronic Limited and Ors." under Sections 234(4)(a) read with 234(3A) of the Companies Act, 1956('Act') pending in the court of the learned Additional Chief Metropolitan Magistrate (ACMM), New Delhi.

(2.) THE aforementioned criminal complaint, filed in 2005 stated that Rishi Electronics Limited (REL) is a public limited company registered with the Registrar of Companies (ROC). The last Annual Return of REL was filed on 29.9.2001. While REL has been made accused No. 1 in the criminal complaint, accused No. 2 to 4 are Harbans Lal, Ravinder Kumar Rishi and Smt. Nirmala Rishi respectively. It is stated in the aforementioned criminal complaint that the said accused No. 2 to 4 are directors/officers of REL in terms of the Annual Return dated 29.9.2001 and the latest Form 32. The ROC received a complaint dated 10.10.2002 from one Gaurav Rishi alleging that some of the directors of REL have been trying to illegally sell the shareholding of REL. A show cause notice dated 20.11.2002 was accordingly issued by the ROC to REL seeking certain information. Annexure -3 to the criminal complaint was the copy of the said show cause notice together with the replies received thereto from REL. It is stated that on 23.12.2002, a further notice was sent by the ROC to REL to produce certain statutory registers and relevant records. It is alleged that since accused No. 1 to 4 had failed to produce the said records, they had rendered themselves liable for penal action in terms of Section 234(4)(a) of the Act.

(3.) IN the present petition, notice was directed to be issued by this Court on 24.4.2006. By the subsequent order dated 15.5.2006, this Court stayed the order dated 10.2.2006 passed by the learned ACMM rejecting the application filed by the accused Ravinder Kumar Rishi seeking exemption from appearance and directing a non -bailable warrant to be issued against him.