BABOO K.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.827/2019 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam, a case instituted on complaint alleging the commission of offence under Sec. 167(2) of the Companies Act, 2013(in short, 'Act'), and under Sec. 420 of the Indian Penal Code, 1860,(in short, 'IPC').

(2.) The aforesaid complaint was filed by the second respondent who, along with the petitioner, claims to be the promoter of the company by name 'M/s Vijaya Hospitality and Resorts Limited'. The allegation against the petitioner is that during the period from 1/11/2017 to 31/10/2022, while he was disqualified by the Registrar of Companies under Sec. 164(2) of the Act from acting as Director, he convened the Director Board Meeting of the said company on 21/1/2019 causing a loss to the tune of Rs.1,20,000.00 to the said company.

(3.) The learned Magistrate, after going through the sworn statement of the second respondent (complainant) and witnesses, took cognizance of the offence under Sec. 167 of the Act and Sec. 420 IPC and issued summons to the petitioner. Aggrieved by the aforesaid proceedings, the petitioner is here before this Court with the present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973.