Madras High Court
R.Subramanian vs The Registrar Of Companies on 4 July, 2022
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
Crl.O.P.Nos.274, 276 and 700 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.Nos.274, 276 and 700 of 2022
and Crl.M.P.Nos.99, 100, 102,,103, 244 and 247 of 2022
R.Subramanian ... Petitioner in all Crl.OPs
Vs.
The Registrar of Companies, Tamilnadu
Shastri Bhavan
No.26, Haddows Road
Chennai 600 006 ... Respondent in all Crl.OPs
PRAYER in Crl.O.P.No.274 of 2022: Criminal Original Petition filed
under Section 482 of Cr.P.C., to call for the records and quash the
proceedings in EOCC 2 of 2015 on the file of the Additional Chief
Metropolitan Magistrate, Economic Offences I, Egmore, Chennai.
PRAYER in Crl.O.P.No.276 of 2022: Criminal Original Petition filed
under Section 482 of Cr.P.C., to quash the proceedings in EOCC 1 of
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.274, 276 and 700 of 2022
2015 on the file of the Additional Chief Metropolitan Magistrate,
Economic Offences I, Egmore, Chennai.
PRAYER in Crl.O.P.No.700 of 2022: Criminal Original Petition filed
under Section 482 of Cr.P.C., to quash the proceedings in EOCC 3 of
2015 on the file of the Additional Chief Metropolitan Magistrate,
Economic Offences I, Egmore, Chennai.
For Petitioner : Mr.R.Subramanian
in all Crl.OPs for C.Rajathi
For Respondent : Mr.A.R.Sakthivel
in all Crl.OPs Senior Panel counsel for CGSC
COMMON ORDER
All these Criminal Original Petitions are filed under Section 482 of Cr.P.C., to quash the private complaint filed u/s.210 of the Companies Act, 1956, for the offence u/s.220 and 159 of the Companies Act, 1956 punishable u/s.162, 168 of the said Act.
2.The main contention of the learned counsel for the petitioner is that the petitioner company viz. Viswapriya (India) Ltd., has violated the law under the provisions of the Company Act, in not filing the annual Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.274, 276 and 700 of 2022 accounts of the Company for the financial year ending 31.03.2013, and for not conducting the Annual General Meeting of the Company for the financial year ending 31.03.2013 and also for not filing the Annual Returns of the Company for the financial year ending 31.03.2013. All the complaints are proceeded against the company on the basis that the financial year ending was on 31.03.2013, but, as far as the petitioner company is concerned, the financial year ending is only on 31.06.2013. Accordingly, prays for quashing the private complaint filed u/s.210 of the Companies Act, 1956,
3.Heard Mr.R.Subramanian, the learned counsel for the petitioner and Mr.A.R.Sakthivel, the learned Senior Panel Counsel (CGSC), for the respondent. This Court has also verified the financial year of the petitioner company which is on 30.06.2013 and the said fact is also not disputed. When the very violations alleged in the complaint itself is prior to the financial year 30.06.2013, whereas the complaints proceeded against the petitioner company as if the financial year ending was on 31.03.2013.
Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.274, 276 and 700 of 2022
4.Contrary to the fact that the financial year ending of the company was on 30.06.2013. The prosecution launched under the premise that there were violations and the company has not complied with certain procedures within the financial year ending viz. on 31.03.2013, therefore, the complaints are not sustainable and maintainable in the eye of law. The very cause of action itself is not correct when the financial year ending of the company is not correct. The financial year ending actually to this complaint falls on 30.06.2013 and hence the violation of certain procedures under Companies Act is not the ground for prosecution.
5.These Criminal Original Petitions are allowed accordingly. The private complaints filed u/s.210 of the Companies Act, 1956, for the offence u/s.220 and 159 of the Companies Act, 1956 punishable u/s.162, 168 of the said Act against the petitioner is quashed. Consequently, the connected miscellaneous petitions are closed.
04.07.2022 kas Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.274, 276 and 700 of 2022 To.
The Registrar of Companies, Tamilnadu Shastri Bhavan No.26, Haddows Road Chennai 600 006 Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.274, 276 and 700 of 2022 N.SATHISH KUMAR, J.
kas CRL.O.P.Nos.274, 276 and 700 of 2022 and Crl.M.P.Nos.99, 100, 102,,103, 244 and 247 of 2022 04.07.2022 Page No.6 of 6 https://www.mhc.tn.gov.in/judis