1971 (11) TMI 91

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....nd A. Chenniah Thevar for the Respondent. ORDER Ramanujam, J. - The petitioner herein filed a complaint under section 629 of the Indian Companies Act, 1956, before the lower court on August 25, 1969, against the respondent herein. The said complaint was taken on file by the lower court and an order dated October 20, 1969, was passed. That order consists of two portions. In the earlier portio....

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....ce for investigation under section 156(3), Criminal Procedure Code, that it is for the police to register a case and investigate and take such further action in the matter, and that the court cannot proceed any further in the matter at that stage. It is this order which is being challenged in this revision. The learned counsel for the petitioner submits that the view taken by the court below is....

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....of the Indian Companies Act is a matter which has to be investigated by the police after registering a case will be clearly erroneous. An offence under section 629 of the Indian Companies Act is a non-cognizable offence as per section 624 of the Indian Companies Act, and a non-cognizable offence cannot be a matter for investigation by the police under section 156(3), Criminal Procedure Code. The l....

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....registering a case. Even if the order forwarding the complaint under section 156(3), Criminal Procedure Code, is treated as one passed under section 155(2), Criminal Procedure Code, the lower court should have called for a report from the police as to what the result of the investigation was and passed final orders on the complaint filed before it. After seeing that the court has not passed any fi....