V SUGANDHA LAL Vs. BOBY VARGHESE

JUDGEMENT

(1.) Can the High Court take cognizance of all the offences under the Companies Act and try those offences is the question which arises for consideration. A petition is filed by the petitioner in the winding up petition C.P. No. 18 of 1999 praying that this Court may take cognizance of the offence alleged to have been committed by the Managing Director under Section 629 of the Companies Act (hereinafter referred to as "the Act"). There is a further prayer in the petition to conduct an enquiry as envisaged under Section 340 Cr. P.C. about the alleged commission of the offence under Section 193 read with Sections 191, 199 and 51 IPC and also to direct an officer of this Court to make a complaint to a Magistrate having jurisdiction.

(2.) According to the petitioner, the Managing Director of the company filed affidavits and counter affidavits in the case containing false statement made with the intention of subverting justice. In the affidavit filed in support of the petition, certain statements contained in the affidavits and counter affidavits are mentioned which according to the petitioner are false statements. The respondent filed a counter affidavit denying the allegations made against him by way of filing the petition.

(3.) One of the prayers in the petition being to take cognizance of the offence punishable under Section 629 of the Act, the question which arises for consideration is whether this Court can take cognizance of the offence, punishable under the above section, alleged to have been committed by the respondent. Incidentally, the question whether the Company Court can try the offence punishable under Section 629 of the Act also arises for consideration since if it is found that this Court can take cognizance of the offence, the trial of the case in which the allegation is that the respondent committed offence punishable under Section 629 of the Act also has to be conducted in this Court.