9911796707
TMI Blog2013 (3) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... -compliance or violation alleged is of the year 2003-2004. - Crl. M.C. Nos: 1281, 1286, 1287 & 1288 of 2007 - - - Dated:- 15-10-2012 - MR. N.K. BALAKRISHNAN J. PETITIONER: BY ADVS.SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW COMPLAINANT: BY SRI.T.P.M. IBRAHIM KHAN,ASST.SOLICITOR GENERAL OF INDIA BY PUBLIC PROSECUTOR SMT. JASMINE V.H. ORDER The three former directors of the Company M/s. Teak Tex Processing Complex Ltd., P.B. No: 501, Kanjikode, Palakkad, have filed these petitions to quash the complaint filed by the respondent under various provisions of the Companies Act. 2. Complaints were filed by the Assistant Registrar of Companies, Kerala. In S.T. No:293/2006, which is the subject matter of Crl.M.C. No:1286/200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int filed by the Assistant Registrar of Companies, Kerala. There, the allegation is that the Annual General Meeting was not held for the year 2004 or if the Annual General Meeting was not held as on the latest day on or before which that meeting should have been held in that year in accordance with the provisions of the Act, a statement should be filed. The accused failed to file any such statement/Annual Return relating to the said year. Thus, it is contended that the petitioners are liable to be punished for offence under section 159 r/w 162 of the Act. 5. Crl.M.C. No:1288/2007 was filed, where the allegation is that the petitioners have violated the provisions of section 269 of the Companies Act and so they are liable to be punishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of by this Court as per Order dated 08.10.2012. The case of the petitioners that they having submitted their resignations are not liable to be prosecuted for the violation or non-compliance of the provisions of the Companies Act for the year 2003 was accepted by the Court. In the light of the findings entered by this Court in Crl. M.C. Nos: 2560, 2565, 2566, 2567, 2568, 2569, 2570, 2571 and 2574 of 2007, it has to be held that the prosecution in these cases also cannot be sustained, since the petitioners had submitted their resignation in August 2000 itself, whereas the non-compliance or violation alleged is of the year 2003-2004. 8. In the result, these petitions are allowed. Further proceedings against these petitioners in the afore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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