B.N. KAUSHIK Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) BY way of this common judgment, it is proposed to dispose of Crl. Rev. P. Nos.1004/2002 to 1013/2002 for quashing of the judgment dated 17.08.2002 passed in Crl. A. Nos.3/2002 to 12/2002 by the Additional Sessions Judge, Delhi.

(2.) THE case of the petitioner in a nutshell is as follows.

(3.) THE learned counsel for the petitioner contends that apart from the fact that Section 468 of the Criminal Procedure Code bars taking cognizance in the present case as the complaint was instituted beyond the period of limitation prescribed in law, the complaint does not disclose sufficient ground or material to proceed against the petitioner and ought to have been dismissed under Section 203 of the Criminal Procedure Code. He further contends that the learned trial court as well as the learned appellate court completely erred in not appreciating Circular No.42(400)-CL-II-59 dated 29.12.1959 whereunder sending of letter of resignation to the Registrar of Companies is stated to be sufficient resignation. The said Circular, he submitted has statutory force, having been issued pursuant to the powers conferred on the Registrar of Companies. The relevant portion of the said Circular pertaining to the communication of resignation of a Director, reads as follows:-