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TMI Blog2010 (8) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... tion before the trial court during the trial. 7. The petition stands dismissed. - CRL. M.C. NO. 1997 OF 2009 - - - Dated:- 25-8-2010 - SHIV NARAYAN DHINGRA, J. Abhay K. Das and Ms. Shabnam Shalini for the Petitioner. Ms. Preeti Dalal for the Respondent. JUDGMENT 1. By the present petition under section 482 Cr.P.C., the petitioner has sought quashing of criminal complaint No. 451 of 2002 and the proceedings emanating therefrom filed by Registrar of Companies against the petitioner for offences under sections 63 and 628 of Companies Act, 1956 on the ground that the complaint was barred by limitation under section 468 Cr.P.C. 2. It is submitted that the period of limitation prescribed for filing such complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out false statement. The process of issuing prospectus or filing of balance sheet, statements, certificate cannot be a starting point of limitation as by such an act, the Registrar of Companies would not come to know whether the statement made in the prospectus was a false statement or truthful statement. Unless it is brought to its knowledge by the affected persons or an enquiry is held by Registrar of Companies about the truthfulness, the knowledge that the statement was false cannot be attributed to the Registrar of Companies. When the Registrar of Companies acquired knowledge about the false statement cannot be gone into by this Court under section 482 Cr.P.C. as it involves a probe into the facts. When a complaint is filed before the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the criminal complaint No. 698/2002." 5. The learned counsel for the petitioner relied on Dr. L.B. Singh v. Registrar of Companies NCT of Delhi Haryana [2009] 94 SCL 162 (Delhi) and Sonai Hotels v. RoC [2009] 109 DRJ 545 both given by the same Bench. Both these judgments are per curium and in these judgments the decision of this Court in Bhupinder Kaur Singh s case ( supra ) was not considered at all. With due regard to the Single Judge, under section 482, the Court cannot enter into an inquiry and cannot decide the disputed questions of facts. Disputed questions of facts can only be decided during trial. The power under section 482 Cr.P.C. is to be exercised very sparingly and only where the trial court had acted in gros ..... X X X X Extracts X X X X X X X X Extracts X X X X
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