DEEPAK ATAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner approached this court by way of an application under section 482 Cr.P.C praying for quashing of the proceedings of C.R. Case No. 192(S) 2010 under section 629A read with section 297(1) of the Companies Act, 1956 pending before the Chief Judicial Magistrate, Shillong

(2.) The brief facts of the case in a nutshell is that the petitioner is a Director and Company Secretary of M/s Apeejay Surrendra Corporate Services Limited having its registered office at Apeejay House, 15 Park Street, Kolkata-700016. The Company had sold tea with effect from 01.04.2006 to 31.03.2007 valued at Rs. 5.19 lacs to M/s A J Tea Private Limited, wherein Mr. Jit Paul is also one of the Director.

(3.) On 27.06.2008 first notice was received by the petitioner wherein, it is alleged that petitioner has sold tea without previous approval of the Central Government and in the said notice also it was advised to the petitioner to move a separate application for compounding the offence within 15 (fifteen) days. In case no application is moved, then prosecution will follow vide letter dated 19.08.2008. The petitioner replied that there was no violation of section 297(1) of the Companies Act, 1956 and also further stated that the transactions are exempted from restricted provisions of the said Act. Inspite of all these replies, the respondent i.e. Registrar of Companies has filed a C.R. Case bearing C.R. Case No. 192(S) 2010 under section 629A read with section 297(1) of the Companies Act, 1956 which is pending at present before the Chief Judicial Magistrate, Shillong. Being aggrieved by the action of the respondent i.e. Registrar of Companies, the petitioner approached this court by way of this instant petition praying for quashing the C.R. Case.