2019 (2) TMI 1118

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....: Mr. Amit Mahajan, CGSC with Mr. Randeep Sachdeva and Ms. Mallika Hiremath, Advocates O R D E R (ORAL) Impugned order of 24th January, 2019 summons petitioner for commission of offence under Sections 418/120B of IPC and under Section 447 of the Companies Act, 2013. Learned senior counsel for petitioner submits that the only allegation leveled against petitioner, as noticed in the impugned orde....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n to summon the petitioner. It is pointed out that the Central Government vide order of 8th January, 2016 has limited the investigation into the affairs of the company, and not in respect of any private individual. It is also pointed out that vide order of 23rd / 24th February, 2016, Central Government has confined the investigation qua 104 companies and not against any private individual and the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ho connives in any manner to deceive or to gain undue advantage from any company and so the trial court has the jurisdiction to summon petitioner and in any case, petitioner has efficacious remedy to raise the pleas taken herein before the trial court at the charge stage. It is next submitted that at the summoning stage, indepth examination of the case is not required to be undertaken. Learned Sta....