AMBALAL CHITTABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, Shri Nanavati, learned advocate appearing on behalf of the respective petitioners seeks permission to delete petitioner No.2 from each of the petitions. Permission is accordingly granted. Under the circumstances, the present petitions are required to be considered qua petitioner No.1 in each of the petitions.

(2.) Special Criminal Application No.92/06 is filed by the petitioners to quash and set aside the order passed by the learned trial Court issuing summons in criminal case No.139/05.

(3.) All the aforesaid criminal cases/complaints are filed by the Registrar of Companies before the ld. Addl. Chief Metropolitan Magistrate, Ahmedabad for the offence u/s 220 of the Companies Act, 1956 for not filing three copies of balance sheet and the profit and loss account with the Registrar of Companies. On the said complaint, the ld. Addl. Chief Metropolitan Magistrate, Ahmedabad has issued summons against the petitioner also. The petitioner who was working with the Gujarat Industrial Investment Corporation Ltd. was nominated as Director and even subsequently the said company was taken over by the respondent No.2. It is the case of the petitioner that he has been withdrawn as a nominated Director since 1999-2001-2002 i.e. much prior to filing of the complaints. Shri Nanavati has relied upon section 41/A of the State Financial Corporation Act, 1951 and has submitted that the impugned complaints against the petitioner as a nominated Director is required to be quashed and set aside. It is submitted that even otherwise, on merits also, when the petitioner was withdrawn as a nominated Director much prior to filing of the complaints/criminal cases, the orders passed by the learned trial Court issuing summons against the petitioner in the aforesaid criminal cases requires to be quashed and set aside.