2000 (1) TMI 909

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....s Act, 1956 ('the Act') by continuing to utilise the property, that was given to him as a director notwithstanding the fact that he has ceased to be a director of the company since 1991. It transpires from the records of this proceeding that in 1992, the respondent-accused filed a civil suit for a declaration that he continues to be the director of the company Maratt Rubber Ltd. and obtain an interim order therein, but the same suit ultimately was dismissed for default on 2-1-1995. An application for restoration also has been dismissed. There is no material to indicate as to whether the respondent has taken any further steps in that proceeding. The present complaint was filed after the dismissal of the said suit of 1992, and on the basis of....

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....ult of inquiry or investigation (if any) under section 202 of the Code the magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint as provided under section 203 of the Code. Obviously, in the case in hand, the magistrate did not think it proper to dismiss the complaint on the materials produced by the complainant and took cognisance of the offence and issued process. 4. That apart, we are in agreement with the view of the learned magistrate that mere pendency of a civil proceeding before any civil court will not be a ground for quashing of the criminal proceeding or not to frame a charge against an accused, if the assertions in the complaint petition together with the materials produced ....