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The Complainant has filed complaints U/Sec.200 of Code of Criminal Procedure for the offences punishable U/sec.420, 416, 419 & 177 of IPC in C.C. No. 30750/2021 and for the offences punishable U/Sec.266G & 628 of the Companies Act, 1956 against the Accused.

2. The case of the prosecution in brief is as follows; The accused No.1 was the Managing Director of accused No.2- M/s. Megacity (Bengaluru) Developers & Builders Ltd., (herein after referred to as 'MDBL'). Which was incorporated as a private limited company on C.C.No. 30750/2021 C/w C.C.No.30756/2021 11/08/1994 and converted into a public limited company on 12/08/1998, with the object of carrying on the business to develop, construct, furnish, let-out, sell, deal in and to carry on all or any of the functions of Proprietors of lands, flats, dwelling houses, shops, offices, commercial complexes, factory sheds, buildings and accommodation of all kinds. The accused No.1 was dis- qualified from the Directorship of said company on 30/11/2009 U/sec. 274(1)(g) of the Companies Act, 1956. In spite of it, the accused No.1 knowingly & intentionally furnished false information about his name, his father's name & the addresses to the Directors Identification Number (in short 'DIN') Cell of Ministry of Corporate Affairs (in short 'MCA') of the Government of India, in ordered to obtain more than one DIN Numbers in violation of Sec.266C of the Companies Act, 1956. The accused No.1 in order to get Directorship in some other companies obtained more than one DIN Numbers by dishonestly inducing the authorities of DIN Cell of MCA C.C.No. 30750/2021 C/w C.C.No.30756/2021 by personating himself with different names & addresses and thereby cheated the said authorities by impersonation. Accordingly, the accused No.1 has committed the offences punishable U/sec.177, 416, 419 & 420 of IPC and Sec.266G & 628 of the Companies Act, 1956.

7. Heard the arguments of the learned Counsel for the accused and perused the materials available on record. The counsel for the complainant did not turn up and submitted any arguments.

8. The points that arise for consideration are:

1. Whether the complainant proves beyond reasonable doubts that accused No.1 being C.C.No. 30750/2021 C/w C.C.No.30756/2021 the Managing Director of accused No.2 company - Megacity (Bangalore) Developers & Builders Pvt Ltd., having been disqualified from the directorship of a company under Sec.274 (1)(g) of The Companies Act, have knowingly furnished false information about his name, his father's name and addresses to the DIN cell of the MCA in order to obtain more than one DIN numbers in violation of the provisions of Sec.266C of the Companies Act and thereby committed the offence punishable U/sec.628 of the Companies Act ?

11. It is the specific case of the complainant that, accused No.1 being the managing director of accused No.2 - M/s. Megacity (Bangalore) Developers & Builders Limited, Bangalore had obtained three DIN numbers bearing No. 01637527 on 03/08/2007, DIN No.01743266 on 15/01/2008 & DIN No.02233500 on 24/06/2008, by furnishing false information about his actual name & address to the DIN Cell of MCA, Government of India. It is specifically alleged that while making applications for obtaining said DIN numbers the accused furnished his name, his father's name & the addresses as Chekkerepura Yogeshwara Madegowda, residing at No.524, 3rd Main, Banashankari 3rd Stage, Bengaluru, Chennapattana Yogeeshwara Puttamadegowda, residing C.C.No. 30750/2021 C/w C.C.No.30756/2021 at No.1857, Hanumanthnagar, Mysore Road, Chennapatna & Yogeeshwara Madegowda Chekkerepura, Residing at No.367, 7th Block, 2nd Phase, Banashankari 3rd Stage, Bengaluru. But, as per the school records of accused No.1, his name is Yogeshwara C.P i.e., Yogeshwara Chekkere Puttamadegowda. Further, it is alleged that, in the course of investigation when the accused No.1 was questioned, he has stated that he had never changed his name. Thus, it is evident that the accused while obtaining said DIN Numbers, furnished 3 different names of himself as well as his father & the addresses, other than his actual name & address. It is further alleged that, the accused was disqualified from the Directorship of accused No.2 company on 30/11/2009 U/Sec.274(1)(g) of the Companies Act, 1956 and as such he had become ineligible to be director of any other company. As such, he had obtained 3 DIN Numbers by furnishing false information to the DIN Cell in order to show himself to be eligible to be appointed as C.C.No. 30750/2021 C/w C.C.No.30756/2021 Director of some other companies. The accused No.1 with such object & intention to get Directorship in other companies obtained 3 DIN Numbers by inducing the authorities of DIN Cell, MCA by dishonestly furnishing false information about his name, his father's name & the addresses. Thus, the accused has committed the offence of cheating by impersonation, which is punishable U/Sec.419 of IPC and also an offence of furnishing false information to the authorities of MCA, which is punishable U/Sec.628 of the Companies Act.