VADILAL INDUSTRIES LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash the private criminal complaint being numbered as Criminal Case No. 495 of 1999 pending before the Court of learned Additional Chief Metropolitan Magistrate, Ahmedabad and the consequential proceedings initiated thereto.

(2.) THE facts in brief are that on 09. 06. 1999 a private complaint u/s. 294/294-A of the Companies Act came to be filed against the petitioners by respondent no. 2 in the Court of learned Additional Chief Metropolitan Magistrate, Ahmedabad. The said complaint was numbered as Criminal Case No. 465 of 1999. In pursuance of the filing of the aforesaid complaint, the trial Court issued summons to the petitioners. Being aggrieved by the same, the petitioners have preferred the present petition.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. Having gone through the impugned complaint, I find that no allegation/s, much less any specific allegation/s, have been made against the petitioners. Moreover, no specific role has been attributed to the petitioners in the alleged offence. Even if the allegations made in the impugned complaint are taken at its face value, they do not constitute any offence. Apart from that when the agreement between the parties have not been set aside by any competent authority, it will not be proper for respondent no. 2 to proceed against the petitioners. Hence, I am of the opinion that the complaint against the petitioners deserves to be quashed.