9911796707
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Issues:
1. Setting aside an order passed by the Chief Judicial Magistrate. 2. Quashing further proceedings in a criminal case under the Companies Act. Analysis: The judgment pertains to an application under section 401 and section 482 of the Code of Criminal Procedure, 1973, seeking to set aside an order passed by the Chief Judicial Magistrate and to quash further proceedings in a case involving alleged offenses under the Companies Act. The Registrar of Companies filed a complaint against a company and its directors for violating certain provisions of the Companies Act. The petitioner challenged the order of cognizance taken by the Chief Metropolitan Magistrate, alleging a lack of proper application of judicial mind. The petitioner argued that the order was mechanically passed based on a pre-filled order sheet provided by the prosecution, indicating a lack of independent consideration by the Magistrate. The petitioner cited a previous case where a similar issue was raised, emphasizing the requirement for the Magistrate to apply their mind before issuing process under the relevant provisions of the Companies Act. The court noted discrepancies in the order sheet, highlighting that the process was issued under the wrong section of the Companies Act, indicating a lack of proper application of mind by the Magistrate. The court referenced a previous decision where a similar error led to the quashing of proceedings, emphasizing the necessity for correct application of statutory provisions. The court found merit in the petitioner's argument regarding the Magistrate's mechanical approach and lack of independent consideration, leading to the allowance of the application. The court held that the order of the Chief Metropolitan Magistrate was set aside, and the proceedings were quashed based on the Magistrate's failure to apply the correct legal provisions. In conclusion, the court made the rule absolute, setting aside the impugned order and quashing the proceedings. However, it clarified that the quashing of the proceedings would not prevent the opposite party from filing a fresh complaint if permissible under the law. The judgment underscores the importance of judicial discretion and proper application of legal provisions by magistrates while taking cognizance of offenses under the Companies Act, ensuring a fair and lawful process in criminal proceedings.
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