RUPINDER KAUR Vs. SFL INDUSTRIES LTD.

JUDGEMENT

(1.) C.A. Nos. 829 -832 of 2008:

(2.) APPLICATIONS allowed.

(3.) THE petitions are filed for direction to the official liquidator to represent the company in criminal proceedings pending before Shri S.K. Dhawan, Additional Sessions Judge, Kurukshetra. The said criminal case was result of a complaint instituted by the State of Haryana, through Quality Centre Inspector, Kurukshetra, office of the Deputy Director (Agricultural), Kurukshetra, for prosecution under Section 7 of the Essential Commodities Act, 1955, for contravention of Clause 19(1)(a) of the Fertilizer Control Order, 1985. The petitioner had been summoned in the criminal court at the instance of one of the persons shown as accused in the complaint, namely, Rajinder Singh (accused No. 6). On being summoned, the petitioner moved an application under Section 245 of the Cr.P.C., seeking for discharge. The court passed an order discharging her from personal criminal liability but still observed that she shall represent the company. She filed a petition under Section 482 of the Companies Act, 1956, before this Court when the court has passed an order in Crl. Misc. No. 33795 -M of 2006, observing that the case was to be remitted to the special judge to proceed further in the matter in accordance with law after ignoring the order passed earlier on April 3, 2006.