https://www.taxtmi.com/caselaws?id=111249 A complaint alleging offences under sections 108A and 108-I of the Companies Act, 1956 must plead the foundational facts bringing the company within the statutory scheme, including that it was a dominant undertaking under section 108G. The complaint here did not assert that status or provide facts showing that the alleged acquisition fell within the prohibition, so the essential ingredients of the penal provision were missing. Continuation of the prosecution was therefore treated as an abuse of process, and the cognizance taken by the Magistrate was quashed. en-us Wed, 28 Mar 2007 00:00:00 +0530 Sat, 21 Apr 2012 13:04:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111249 A complaint alleging offences under sections 108A and 108-I of the Companies Act, 1956 must plead the foundational facts bringing the company within the statutory scheme, including that it was a dominant undertaking under section 108G. The complaint here did not assert that status or provide facts showing that the alleged acquisition fell within the prohibition, so the essential ingredients of the penal provision were missing. Continuation of the prosecution was therefore treated as an abuse of process, and the cognizance taken by the Magistrate was quashed. Case-Laws Companies Law Wed, 28 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111249