ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed with a prayer to direct the respondents to investigate the petitioner's complaint and to submit a chargesheet in F.I.R. No. RC0322023A0020/2023.

(2.) A review of the material records and hearing the learned Counsel for the petitioner reveal that the petitioner previously approached this Court by way of Crl.O.P.No.3432 of 2022, for a direction to the first respondent to register a First Information Report based on his complaint dtd. 13/8/2021, in accordance with the law.

(3.) The gist of the complaint is that the petitioner is the former Managing Director of a company named M/s.S.L.O. Industries Limited. While so, upon a petition filed under Sec. 7 of the Insolvency and Bankruptcy Code, the National Company Law Tribunal, by order dtd. 14/11/2019, entrusted the management and affairs of the company to an Interim Resolution Professional. Thereafter, the company went into liquidation and was taken over by the liquidator appointed by the Tribunal on 21/1/2022. The liquidator, upon assuming charge, found that the accounts listed in the inventory at the time of taking over by the Resolution Professional and its stock position on the date of handing over documents and stock were vastly depleted, and an alarming figure of closing stock of about Rs.840.00 crores could not be reconciled. After considering this, the National Company Law Tribunal also passed an order on 12/5/2023 stating that there is a difference of Rs.625.25 crores in the inventory. Considering the nature of the allegations and the liquidator's report, this Court on 13/8/2021 directed the first respondent to conduct a preliminary inquiry and to consider the communication dtd. 19/1/2021, including the liquidator's communication dtd. 1/3/2022. If cognizable offences are made out, the first respondent was directed to register a complaint and proceed accordingly. Even though a case was registered by the first respondent in RC0322023A0020/2023, till date the final report has not yet been filed. Hence, this Criminal Original Petition is filed.