M KISHAN RAO Vs. P SANTHA REDDY

JUDGEMENT

(1.) In this petition, the petitioners seek quashing of proceedings in C. C. No.3 of 2000 on the file of the Special Judge for Economic Offences, Hyderabad which was taken on file on complaint filed by the first respondent herein in which the petitioners herein face prosecution for offences punishable under Sections 299(4) and 304 of the Companies Act, 1956 and under Section 409 of IPC besides accused No. 1 also faces charge for an offene under Section 411 of IPC.

(2.) These proceedings are sought to be quashed on the ground that no offence could be made out even assuming the allegations in the complaint are true. It is then contended that offences under Sections 299 and 300 of the Companies Act being punishable with fine of Rs. 5000.00 and the limitation for filing the complaints in respect of these under Section 468 of Cr. P.C. being only six months, the complaint in question is thus barred by limitation. It is thus contended that continuation of the proceedings in the complaint would amount to abuse of process of law.

(3.) The parties shall be referred to as arrayed in the complaint for the sake of convenience.