Kerala High Court
Sunny Paul vs The Assistant Registrar Of Companies, ... on 20 June, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
Crl.MC No.4690/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Tuesday, the 20th day of June 2023 / 30th Jyaishta, 1945
CRL M.A. NO. 1/2023 IN CRL.MC NO.4690 OF 2023
ST 86/2022 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES) COURT,
ERNAKULAM
PETITIONERS/ACCUSED 3 TO 5:
1. SUNNY PAUL, AGED 72 YEARS, S/O. LATE PAUL, 42/1495, KURIANS COTTAGE,
ST. BENEDICT CROSS ROAD, NORTH P.O., ERNAKULAM, KERALA - 682018.
2. JIMMY PAUL, AGED 70 YEARS, S/O. LATE PAUL,196B, (21/67), PAULS
COTTAGE, THOTTAKKATTUKARA, ALUVA, KERALA - 683108.
3. JOGY PAUL, AGED 63 YEARS, S/O. LATE PAUL,43/356A, KURIANS COTTAGE,
CITIZEN ROAD, ERNAKULAM NORTH, KERALA, PIN - 682018.
RESPONDENT/COMPLAINANT:
THE ASSISTANT REGISTRAR OF COMPANIES,
KERALA COMPANY LAW BHAWAN,
BMC ROAD, THRIKKAKARA P.O., ERNAKULAM, PIN - 682021.
Application praying that in the circumstances stated therein the
High Court may be pleased to stay all further proceedings in Annexure 3,
pending disposal of the above Crl M.C to meet the ends of justice.
This Criminal misc. case coming on for orders upon perusing the
application and upon hearing the arguments of M/S.NISHA JOHN, BOBY
VARGHESE, Advocate for the petitioners, and of Shri S MANU, DSGI for 1st
respondent the court passed the following:
P.T.O.
Crl.MC No.4690/2023 2/3
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
Crl.M.C No. 4690 of 2023
-------------------------------------------
Dated this the 20th day of June, 2023
ORDER
The learned DSGI takes notice for the respondent. Smt.Nisha John, the learned counsel appearing for the petitioners, submitted that the petitioners who are accused Nos.3 to 5 in the proceedings were not served with a show cause notice, and they have no knowledge about the delay in filing of Form 20A. According to the learned counsel, the petitioners cannot be regarded as "persons in default", and hence prosecution proceedings cannot be sustained.
Having regard to the submissions advanced, all further proceedings against the petitioners herein in S.T.No.86/2022 on the files of the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam, will stand stayed for a period of six weeks.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE sru 20-06-2023 /True Copy/ Assistant Registrar Crl.MC No.4690/2023 3/3 APPENDIX OF CRL.MC 4690/2023 Annexure3 TRUE COPY OF THE MEMORANDUM OF S.T. NO. 86/2022 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES) COURT, ERNAKULAM 20-06-2023 /True Copy/ Assistant Registrar