2009 (8) TMI 699

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.... JUDGMENT 1. The petitioner/third accused has filed the above criminal original petition to call for the records in E.O.C.C. No. 35 of 2007 pending on the file of learned Additional Chief Metropolitan Magistrate, Economic Offences (E.O.II), Egmore, Chennai, Chennai District and quash the same. 2. The prosecution case is that the respondent/complainant filed the complaint against 6 accused ....

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....ant submitted that the accused did not file the annual return made up to 30-9-2006, before the complainant, thereby, committed an offence under section 159 of the Act, which is punishable under section 162 of the Act. In that regard, show-cause notice was issued on 13-12-2006. That as per the section 162 of the Act, every officer of the company who is in default shall be punishable with the fine. ....

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....mpletely relieved from the affairs of the company. The respondent has issued a notice on 29-6-2000, stating that the first accused-company defaulted in not submitting the annual returns and the relevant balance sheets before the respondent for the financial year 1996, for which the petitioner had submitted a reply dated 4-8-2000, mentioning the fact that the petitioner has resigned his post on 30-....

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....inant on 29-6-2000, for which reply was sent to the complainant on 4-8-2000. Again a show-cause notice was issued by the complainant on 11-12-2006, by R.P.A.D. for which the petitioner sent a reply to the company on 17-1-2007. This reply was also sent by registered post. 5. Learned counsel for the petitioner, in support his case has cited a judgment of the Madras High Court in T. Murari v. Stat....