Rajasthan High Court - Jaipur
O/L Of M/S Triveni Greenery Finlease Ltd vs Ahnish Kamal Bhatnagar on 23 April, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Company Application No. 70/2013
O/l Of M/s Triveni Greenery Finlease Ltd
----Petitioner
Versus
Ahnish Kamal Bhatnagar
----Respondent
For Petitioner(s) : Mr. Gaurav Sharma, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 23/04/2019 Counsel for the OL filed an application (No.31722/2019) under Section 257 of the Code of Criminal Procedure for withdrawal of captioned complaint under Section 454 of the Companies Act, 1956 against the accused respondent Nos. 1 and 3 namely Yogesh Sharma and Devjeet Nag.
It is submitted that the prosecution has stalled for more than a decade and there seems to be no prospect of getting summons served upon respondent Nos.1 & 3 or any other way to secure the presence of respondents.
Learned Counsel for the OL submits that the Ministry of Corporate Affairs has issued instructions for expediting proceedings and in view of the facts and circumstances and the order passed by this Court dated 20.05.2016, learned Counsel submits that in terms of Section 257 of Cr.P.C., the OL be allowed to withdraw the criminal proceedings initiated under Section 454 of the Act of 1956.
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(2 of 2) [COAP-70/2013] I have considered the submissions and find that the offence under Section 454 is a compoundable offence and also considering that the proceedings have been pending since 2013 under Section 454 of the Act of 1956 and notices could not be served by any means on respondent Nos.1 and 3 namely Yogesh Sharma and Devjeet Nag and the Company has already been wound up vide order dated 17.10.2003, it would be in the interest of justice that the application moved under Section 257 of Cr.P.C. be allowed and the proceedings under Section 454 of the Companies Act, 1956 be dropped as against respondent Nos.1 & 3 and the proceedings are closed accordingly.
Notices and the standing warrants issued against respondent Nos.1 and 3 namely Yogesh Sharma and Devjeet Nag are discharged.
An information with regard to the same shall be sent by the Registrar to the concerned police authorities.
(SANJEEV PRAKASH SHARMA),J NAVAL KISHOR /43 (Downloaded on 28/06/2019 at 01:28:04 AM) Powered by TCPDF (www.tcpdf.org)