NEERAJ JINDAL Vs. REGISTRAR COMPANIES U P

JUDGEMENT

(1.) THE applicants by means of the present petition under Section 482, Cr. P.C. seek quashing of the proceedings of Complaint Case No. 5082 of 1981, Registrar of Companies, U. P. v. Jindal and Jindal Pvt. Ltd., which is pending in the Court of C.M.M., Kanpur.

(2.) THE Registrar of Companies, U. P., Kanpur filed a criminal complaint dated 2.7.1981 against Jindal and Jindal Pvt. Ltd., and its ten directors for their prosecution under Section 159 read with Section 162 of the Companies Act, 1956 (hereinafter referred to as the Act). THE complaint was filed on the ground that the Annual Genera) Meeting of the Company in the year 1979 should have been held on or before 30.10.1979 and1 the Annual Return made up to that date should have been filed with the Registrar of Companies on or before 29.12.1979 but the accused did not file the Annual Return inspite of repeated notices and thereby knowingly and wilfully continued with the contravention of the provisions of Section 159 of the Act commencing from 30.12.1979 till the date of the filing of the complaint. It was further alleged that the Company-accused No. 1 and accused No. 2 to 11 being Officers of the Company had failed to comply with the statutory requirement of Section 159 of the Act and had committed a continuing default. THE learned Magistrate took cognizance of the offence and summoned the accused to face trial.

(3.) FOR the reasons mentioned above, the petition lacks merit and is hereby dismissed. Stay order is vacated. Petition dismissed.