ASHOK C GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the complaint being Criminal Case No. 3475 of 2002 registered in the Court of learned Judicial Magistrate, Ankleshwar. A copy of the complaint is produced at Annexure -A to this petition. The complaint is filed for the offences punishable under Sections 63, 68 and 628 of the Companies Act, 1956. The complaint is filed on 11.7.2002 prior thereto show cause notice was issued to the petitioner on 28.5.2002 which was replied by the petitioner vide reply dated 11th June, 2002.

(2.) THE learned Advocate Mr. K.B. Anandjiwala for the petitioner submitted that the Registrar of Companies Act ('ROC', for short), - the complainant has filed the complaint without there being mindful of the important documents i.e. Annual Report for the year 1994 -95 wherein it was specifically mentioned at item No. 6 that the company proposes to carry on the business of financial services, setting up of hospitals, schools etc. The alternation in object clause of the Memorandum of Association as set out in the resolution to facilitate financial diversification. This will enlarge the area of the Company. It is mentioned thereafter that the proposed alternation is subject to confirmation from the Company Law Board.

(3.) THE learned Advocate for the petitioner also invited attention of the Court to item No. 8 which reads as under: