LAWS(GAU)-2011-10-7

SHRI YOGNEDRA KUMAR MAHESHWARI Vs. REGISTRAR OF COMPANIES

Decided On October 11, 2011
YOGNEDRA KUMAR MAHESHWARI Appellant
V/S
REGISTRAR OF COMPANIES Respondents

JUDGEMENT

(1.) HEARD Mr HS Thangkhiew, the learned senior counsel assisted by Mr P Nongbri Junior, the learned counsel for the petitioner.

(2.) ALSO heard Mr R Deb Nath, the learned CGC appearing for the respondents, who once again seeks time to obtain instruction. Considering the nature of the case as projected in the criminal petition and also of the fact that the case was directed to be listed for disposal as a first and fixed item on 20.09.2011, the prayer is rejected.

(3.) FOR what has been stated in the foregoing, there is no prima facie case against the petitioner for the offence punishable under Section 220(3) read with Section 162(1) of the Companies Act, 1956 and the criminal proceeding in so far as the petitioner is concerned is liable to be set aside. Resultantly, the criminal petition succeeds. C.R. Case No. 906-915 (S) of 2008, under Section 220(3) read with Section 162(1) of the Companies Act, 1956 pending before the learned Chief Judicial Magistrate, Shillong is hereby quashed in so far as the petitioner is concerned, but by directing the parties to bear their respective costs.