2024 (3) TMI 1318

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....ent : Sri. K.V. Satish, Advocate ORDER The petitioners/accused Nos.2 and 3 are challenging the proceedings in C.C.No.235/2017 on the file of Court of the Special Court (Economic Offences) at Bengaluru for the offences punishable under Section 447 and 448 of the Companies Act, 2013. 2. The respondent filed a private complaint under Section 200 of Cr.P.C., alleging that though the petitioners, wh....

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....g with 439(1), the Special Court constituted under Section 435 of the Act cannot take cognizance of an offence punishable under Section 447 of the Act upon a private complaint by a shareholder or a member of a Company, but can take cognizance only upon complaint by the Special Fraud Investigation Officer in terms of Second Proviso of Section 212(6) of the Act. Therefore, the cognizance taken on a ....