2007 (2) TMI 318

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....ondent. ORDER 1. The petitioners face indictment in two separate prosecutions, both under the Companies Act and both filed by the same complainant, i.e. the Assistant Registrar of Companies, Kerala. The prosecutions relate to failure/omission to submit the balance sheet and annual returns. The complainant was not examined as a witness. On his behalf, a witness was examined as PW1. It is the ....

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....rs to cross-examine the complainant and to confront him with the relevant documents, copies of which alone are available with the petitioners that will lead to failure of justice. The complainant, to whom those documents are addressed, is unlikely to deny receipt of those documents, it is submitted. It is in this context that the petitioners want the complainant himself to be made available for cr....