1994 (1) TMI 210

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.... ORDER 1. In this petition, under section 482 of the Code of Criminal Procedure the petitioners challenge the Criminal Complaint No. 47 of 1991, pending against them, before the Special Court of Judicial Magistrate (Economic Offences), Rajasthan, Jaipur, for the offence under section 220 of the Companies Act, 1956 ('the Companies Act'). At the relevant time, all the four petitioners are said....

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.... by section 162 for a default in complying with the provisions of section 159, 160 or 161." A bare perusal of the aforesaid provision makes it clear that for non-compliance of the requirements of sub-sections (1) and (2) of section 220, the company and every officer of the company, who is in default, is liable to the punishment. Section 5 of the Act defines officer who is in default and it prov....

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.... in this behalf to the Board. (g)in case any company does not have any of the officers specified in clauses (a) to (c), any director or directors who may be specified by the Board in this behalf or where no director is so specified, all the directors : Provided that where the Board exercises any powers under clause (f) or clause (g ), it shall, within thirty days of the exercise of such powe....

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.... 3. In the above situation, when the averments made in the complaint, if taken on their face value, do not make out a case against the petitioners, it would not (sic) be in the interest of justice to quash the complaint to prevent abuse of the process of the Court [see R.P. Kapoor v. State of Punjab AIR 1960 SC 866 and Madhu Limaye v. State of Maharashtra] AIR 1978 SC 47. 4. The result of th....