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TMI Blog2020 (10) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... pal Das Bansal and three others with this contention that Mammon Concast was incorporated as Private Limited on 24.5.2010 under Companies Act having its registered office at 144, Kaveri Kunj, Phase II, Kamla Nagar, Agra. As per memorandum of Companies Registration Book Gopal Das Bansal, Shashank Goyal, Sagar Bansal and Anup Kumar Goyal are Directors of this Company. Hence they are responsible for the act of Company, as per the provisions of Section 211(3A)(3C) of the Companies Act, 1956, and under section 5 of the Companies Act. They will be treated as officers in default. A Judicial Magistrate is not required to pass order on the analytical analysis of fact and evidence at the stage of passing order u/s 204 Cr.P.C. - The mere requiremen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of process of law. Likewise in other cases, this court has entertained and issued notices. Hence this application with above prayer. 4. Learned A.G.A. has vehemently opposed. 5. Whatever is in other cases is with regard to facts involved in those cases and in criminal case parity of this kind may not be claimed. Rather what is ground for filing this application and where is abuse of process of law has to be mentioned for having indulgence of this court. Hence under above pretext, this file reveals that this complaint was filed by Registrar of Companies u/s 211(3A)(3C) of the Companies Act, 1956 read with AS-15 and AS-13 against Gopal Das Bansal and three others with this contention that Mammon Concast was incorporated as Private L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint in performance of official capacity for the offences based upon documentary evidence and record maintained in the office. Hence personal attendance or examination was not necessary. On the basis of this complaint, Magistrate took cognizance as the complaint was filed in performance of official duty by a Public Servant for the offences punishable under section 211(3A)(3C) of the Companies Act, 1956 and it was supported with inspection report. Hence the Magistrate took cognizance, registered this complaint and thereby passed impugned summoning order dated 18.2.2019. It is neither a proforma order nor a fill in form order. Rather it is a typed order, wherein accused persons- applicants have been summoned for the offences punishable u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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