9911796707
TMI Blog2022 (9) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Companies Act, 1956 read with Section 40 of the Companies Act, 2013 and Regulation 3 of the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 and Regulations 6/19/4(2)/5(2)(b)/8 of the Securities and Exchange Board of India (Issue and Listing of Debt Securities) Regulations, 2008 read with Sections 117B and 117C of the Companies Act, 1956 and Section 12 of the Securities and Exchange Board of India Act, 1992. 3. It is alleged in the petition of complaint that the complainant, a statutory body, conducted an examination with respect to illegal fund mobilization by the accused No.1/company available from the correspondences exchanged between the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst him by the Trial Judge. The learned Judge by passing a reasoned order rejected the said application. 7. Being aggrieved, the petitioner has assailed the order dated 6th May, 2022 in the instant revision. 8. It is submitted on behalf of the petitioner that at the relevant point of time when the accused No.1/company was said to have committed offence, the petitioner was not a director of accused No.1/company. 9. Such contention of the petitioner is not sustainable in view of the fact that the petitioner himself has filed a document uploaded in the official portal of the Ministry of Corporate Affairs wherefrom it is ascertained that the petitioner was appointed as a director of accused No.1/company on 4th November, 2013 and he remained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shable with imprisonment of 7 years or less not falling in Categories B and D. B) Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years. C) Offences punishable under Special Acts containing stringent provisions for bail like NDPS (Section 37), PMLA (Section 45), UAPA [Section 43s-D(5)], Companies Act [Section 212(6)], etc D) Economic offences not covered by Special Acts. 13. Obligation to issue summons against the accused persons after filing of charge-sheet/complaint taking of cognizance arises in respect of the offences falling under Category-A mentioned hereinabove. In respect of the offences mentioned in Categories-B, C and D, the guideline made by the Hon'ble Supreme Court in respect of Cat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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