SHASHIKANT PATEL Vs. REGISTRAR OF COMANIES

JUDGEMENT

(1.) The present petition, under Sec. 482/528 of the Code of Criminal Procedure, 1973/B.N.S.S. has been preferred by the petitioner for quashment of criminal proceedings as well as the order of taking cognizance against the petitioner for the offence under the provisions of Ss. 129(7) read with Sec. 137(3) of the Companies Act, 2013 (''Act of 2013'') registered as Criminal Case No.1488 of 2015 before the Court of Chief Judicial Magistrate, Gwalior.

(2.) Short facts necessary for adjudication of the present controversy are that on 4/12/1991, M/s. Plethico Pharmaceuticals Private Limited was incorporated as private limited company under the Act of 1956 having its Corporate Identification No.L-24232-MP-1991-PLC006801 and was having registered Office at A.B. Road, Manglia, Indore (M.P.) and later on, it was converted into a Limited Company. The respondent/Complainant had filed a complaint dtd. 27/2/2015 before the Court of learned Chief Judicial Magistrate, Gwalior against the present petitioner, who was Managing Director at the relevant of point of time, alleging that the petitioner alongwith other accused persons had failed to lay and file the balance-sheet and profit & loss account for the financial year ended 2012-13 as well as that of December, 2013 for which according to the provisions of Sec. 129(7) and 137(3) of the Act of 2013, the present complaint 27/2/2015 has been filed. Aggrieved by the aforesaid complaint, the present petition has been filed.

(3.) Learned counsel for the petitioner had submitted before this Court that the learned Court below, without due application of judicial mind, had taken cognizance upon the impugned criminal complaint filed by the present respondent against the petitioner, which deserves to be quashed on the ground that no complaint was required to be entertained under Sec. 129(7) of the Act of 2013 for contravention of the provisions of Sec. 129 of the Act of 2013 with regard to not laying and filing the Financial Statements before the Company in Annual General Meeting, as another complaint, registered as Criminal Case No.6759 of 2016, was filed by the Respondent/Complainant before learned Chief Judicial Magistrate, Gwalior for convening Annual General Meeting of the Company for financial year ended 31/3/2014 beyond prescribed timelines (i.e. on 26/12/2014) and the Board of Directors of the company had laid financial statements for the financial year ended 31/3/2014 at the Annual General Meeting of the Company.