1996 (8) TMI 402 - HC - Companies Law

Issues Involved:
1. Quashing of proceedings in C.C. No. 64 of 1994 under Section 370 of the Companies Act, 1956.
2. Quashing of proceedings in C.C. No. 66 of 1994 under Section 211 read with Schedule VI of the Companies Act, 1956.
3. Quashing of proceedings in C.C. No. 68 of 1994 under Section 209(6) and (7) of the Companies Act, 1956.

Detailed Analysis:

1. Quashing of proceedings in C.C. No. 64 of 1994 under Section 370 of the Companies Act, 1956:

The petitioner, accused No. 5, sought quashing of the proceedings in C.C. No. 64 of 1994, alleging that the financing company had advanced loans in excess of the prescribed limits under the Central Government Notification No. G.S.R. 448(E) dated 17-4-1989. The complaint stated that the loans were granted up to 31-3-1992, while the petitioner assumed charge as managing director only from 16-9-1992. The court noted that the relevant period for the alleged offence was up to 31-3-1992, and since the petitioner was not the managing director during that period, he could not be considered an officer-in-default under Section 5 of the Companies Act. Consequently, the complaint did not disclose any offence against the petitioner, and the proceedings in C.C. No. 64 of 1994 were quashed.

2. Quashing of proceedings in C.C. No. 66 of 1994 under Section 211 read with Schedule VI of the Companies Act, 1956:

The petitioner sought quashing of the proceedings in C.C. No. 66 of 1994, which alleged that the balance sheet and profit and loss account for the year ending 31-3-1992 did not show a true and fair view of the state of affairs. The complaint described accused No. 1 (ex-managing director) as the officer-in-default during the relevant period, while the petitioner assumed charge only from 16-9-1992. The court concluded that no offence was made out against the petitioner under Section 211 read with Schedule VI, as he was not the managing director during the relevant period. The respondent's counsel conceded that no prima facie case was made out against the petitioner. Thus, the proceedings in C.C. No. 66 of 1994 were quashed.

3. Quashing of proceedings in C.C. No. 68 of 1994 under Section 209(6) and (7) of the Companies Act, 1956:

The petitioner sought quashing of the proceedings in C.C. No. 68 of 1994, which alleged failure to comply with the requirements of Section 209(1) and (3). The complaint stated that the company had not kept proper books of account for the period up to 31-3-1992. The petitioner, who assumed charge as managing director from 16-9-1992, was not described as an officer-in-default in the complaint. The court found that the irregularities pertained to a period prior to the petitioner's appointment. Consequently, the complaint did not disclose any offence against the petitioner under Section 209, and the proceedings in C.C. No. 68 of 1994 were quashed.

Conclusion:

The court allowed the criminal petitions and quashed the proceedings in C.C. No. 64 of 1994, C.C. No. 66 of 1994, and C.C. No. 68 of 1994, insofar as they pertained to the petitioner. The court emphasized that the petitioner could not be considered an officer-in-default for offences committed prior to his appointment as managing director on 16-9-1992.

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