2021 (12) TMI 387

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.....D.Ramesh Kumar Central Government Standing Counsel ORDER This petition has been filed to call for the records and quash the prosecution in EOCC No.467 / 2017 on the file of the Additional Chief Metropolitan Magistrate (EO.I), Allikulam Complex, Egmore, Chennai for offence under Section 165 r/w 165(6) of the Companies Act, 2013. 2. The case of the prosecution is that the Deputy Registrar ....

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....nsel appearing for the petitioner submitted that initially for the above said violation, the respondent has issued a show cause notice on 07.04.2017, for which, the petitioner has given a reply on 14.04.2017 and without considering the earlier reply given by the respondent, the respondent has again issued the second show cause notice dated 23.06.2017, for which also, the petitioner has sent a repl....

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....ng the post of Director in 24 Companies which clearly shows that the petitioner has violated the above said provisions of the Act and therefore, the complaint is perfectly in order and prays for dismissal of this petition. 5. The facts in the present case is not in dispute that the petitioner is implicated for the offence under Section 165 read with Section 165(6) of the Companies Act, 2013, on....

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....drop, this Court is of the considered view that without considering any of these aspects, filing of the impugned complaint by the respondent before the competent Court, is not sustainable. Hence this Court is inclined to quash the complaint against the petitioner. 8. For the reasons aforesaid, this Criminal Original Petition is allowed and the complaint in EOCC No.467 / 2017, on the file of the....