A L MUDALIAR Vs. ASSISTANT REGISTRAR OF COMPANIES

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C seeking to call for the records in E.O.C.C.No.114 of 2007 filed by the respondent abovenamed and pending on the file of the Additional Chief Metropolitan Magistrate's Court (Economic Offences " II), Egmore, Chennai " 600 008 and quash the same. The PETITIONer has filed the above Criminal Original PETITION to call for the records in E.O.C.C.No.114 of 2007 filed by the respondent abovenamed and pending on the file of the Additional Chief Metropolitan Magistrate's Court (Economic Offences " II), Egmore, Chennai " 600 008 and quash the same.

(2.) THE respondent's case is that the complainant filed the complaint under section 159 r/w section 162 of the Companies Act, 1956. THE complainant has stated that the accused 2 to 6 are the Directors/Managing Director/Whole Time Director/Company Secretary and officers of the company, when the offence was committed as per the particulars filed in the office of the complainant and their officers, who is in default within the meaning of section 5 of the Act. According to the provisions of Section 220 of the Act, the company and its Directors are under statutory obligation to file with the complainant Balance Sheet and Profit and Loss Account in the prescribed form duly placed in the Annual General Meeting within 30 days from the said date ie., on or before 30.10.2006, and in case no annal genegal meeting was held within thirty days of the due date of annual general meeting.

(3.) THE petitioner has stated that every time such notice were sent, he had appropriately replied stating that he had resigned from the board long back. After receipt of these replies, no further action was taken by the Registrar of Companies. After that , the respondent has preferred the above Criminal Case against the petitioner, in spite of the fact that the petitioner had resigned from the board of company. THE petitioner, supporting his case, has filed nine documents. THE 2nd document is the petitioner's letter to Indian Aluminium Company Ltd. THE 3rd document is Extract of Minutes of the 388th meeting of the Board of Directors of Indian Aluminium Company Ltd held on 04.04.1998, in which it was recorded that the 'petitioner (A.L.Mudaliar) resigned as Director of the said company with effect from 13th March 1998.'