PRIYA NATH CHOUDHURY Vs. STATE

JUDGEMENT

(1.) This Rule was issued for quashing the proceedings in Cases Nos. C-1631 and C-1632 of 1956 pending against the petitioner before the Chief Presidency Magistrate, Calcutta.

(2.) The facts leading to the institution of the aforesaid proceedings may be summarised below in order to appreciate the grievance made by the petitioner in this Court.

(3.) "Retail Textile Dealers' Syndicate" was a limited company incorporated in the year 1948 under the Indian Companies Act, 1913. The petitioner Priyanath Choudhury was from the very inception a director of the said company. The Company went into liquidation and was directed to wound up by an order made in the Original Side of this Court. After the company went into liquidation and when liquidation proceedings were pending, the petitioner on the 8th November, 1954, filed a complaint before the Additional Chief Presidency Magistrate, Calcutta, under Section 282 and Section 133 (3) of the Indian Companies Act and also under Sections 468, 469 and 471 lead with Section 120 B of the Indian Penal Code against the other directors, auditor, and accountant of the said company charging them with falsifications, misstatements etc. in the balance sheet and profit and loss account for the year ending 30th Tune, 1950. The learned Additional Chief Presidency Magistrate called for a report from the Registrar, Joint Stock Companies, and after getting a report from him summoned the accused in that case under Sections 282 and 133 (3) of the Indian Companies Act.