GOLDEN FORESTS (I) LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THIS is a petition u/s 482, Cr.P.C. filed by the petitioners M/s Golden Forests (I) Ltd., and three others and has been directed against the order dated 5.9.1998, passed by the court of the C.J.M., Chandigarh, in a complaint filed u/s 210(5) of the Companies Act, 1956, Annexure P-1. The petitioners are seeking the quashment of the complaint and the summoning order through this petition without availing the remedy u/s 245, Cr.P.C., to convince the learned CJM that the complaint is nothing but an abuse of process of law or that the summoning order requires to be recalled.

(2.) BE that as it may, the Registrar of Companies, Punjab, Himachal Pradesh and Chandigarh, filed a criminal complaint u/s 210(5) of the Companies Act against M/s Golden Forests and three others and the main allegations on which the complaint was lodged are contained in paras 1 to 6 of the complaint, which read as under :-

(3.) THE learned CJM vide order dated 5.9.1998 summoned the petitioners u/s 210(5) of the Companies Act, for non-compliance of the provisions of section 211 of the Companies Act for the financial year 1991-92, by stating as follows :-