NESTLE INDIA LIMITED Vs. STATE

JUDGEMENT

(1.) The three petitioners have been summoned by the learned Addl. Chief Metropolitan Magistrate (ACMM) in a complaint Filed by respondent No. 2 for an offence under Section 113 of the Companies Act (for short the Act). In this petition under Section 482 of the Criminal Procedure Code (for short "the Code), they are seeking quashing of the said complaint and the summoning order. The Petitioner No. I is a company, petitioners No. 2 and 3 are its Managing Director and the Company Secretary respectively.

(2.) Briefly, the facts as alleged in the complaint are that the Assistant Registrar of Companies (Delhi & Haryana) had carried out inspection of the records of the petitioner company on 22/23.7.1992 and found the following irregularities/breaches i.e. delay in registering the shares/debentures and remitting to the transferee.

(3.) These are alleged to be offences under Section 113(1) and punishable under Section 113(2) of the said Act. A show cause notice dated 4.8.1992 was served on the petitioners No. .1 and 3. (Petitioners have alleged that a reply dated 10.8.1992 was sent.) The complaint was filed before the ACMM on 5.11.1992 who took cognizance and summoned the petitioners. The petitioners are seeking quashing of the said proceedings. I have heard learned counsel for the parties.