2020 (10) TMI 1072

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.... Party : G.A. ORDER 1. Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records. 2. This application under Section 482 Cr.P.C. has been filed by applicants Shri Gopal Das Bansal and three others against State of U.P. and another with prayer to quash summoning order dated 18.2.2019 passed by Special C.J.M., Agra, as well as entire proceedings ....

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....of law has to be mentioned for having indulgence of this court. Hence under above pretext, this file reveals that this complaint was filed by Registrar of Companies u/s 211(3A)(3C) of the Companies Act, 1956 read with AS-15 and AS-13 against Gopal Das Bansal and three others with this contention that Mammon Concast was incorporated as Private Limited on 24.5.2010 under Companies Act having its reg....

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....ns, whereupon a notice was issued to the Company and after this, it was held to be infringement of provisions of section 211(3A)(3C) of the Companies Act, 1956, which were punishable offences under section 211(3A)(3C) of the Companies Act, 1956. Hence this complaint was filed against the those Directors of the Company. Along with this complaint there was a prayer for presumption of service of summ....

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....ing order dated 18.2.2019. It is neither a proforma order nor a fill in form order. Rather it is a typed order, wherein accused persons- applicants have been summoned for the offences punishable under section 211(3A)(3C) of the Companies Act, 1956. 6. A Judicial Magistrate is not required to pass order on the analytical analysis of fact and evidence at the stage of passing order u/s 204 Cr.P.C.....