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2. The fact reveals that the company, M/s Viswapriya (India) Ltd., in which the petitioner was a Director had not filed Form DIR-12 in respect of the claimed resignation of three of its Directors viz., Shri R.Narayanan, Shri S.Rajarathinam and Shri T.S.Raghavan, such persons set out as having resigned in 2013.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21245 of

3. The learned counsel for the respondent/Registrar of Companies submit that the accused No.2 was the Director of the Company when the offence was committed as per the particulars filed in the office of the complainant and he is an 'officer in default' within the meaning of the Sec.2(60) of the Act 2013, for the reason that the complainant has received a complaint dated 12.12.20217 from Shri R.Narayanan, Shri S.Rajarathinam and Shri T.S.Raghavan against M/S/Viswapriya (India) Ltd for non-filing of DIR-12, which is in contravention of the provisions of Section 168 of the Companies Act 2013. In pursuance of the said complaint, he issued notice on 27.12.2017 under Section 206(1) of the Companies Act and sought explanation from the Company along with supporting documents. But the company did not send any reply to the said notice within the stipulated period and in view of the non-receipt of reply from the company, the complainant issued another notice dated 19.01.2018 under Section206(3) of the Act to the company to furnish an explanation. For that also though notice was received, no reply was received from the accused and therefore, the said matter was reported to https://www.mhc.tn.gov.in/judis Crl.O.P.No.21245 of The Regional Director by the complainant, vide its letter dated 27.02.2018. In response to this The Regional Director launched prosecution under section 206(1) and 206(3) of Companies Act, 2013 for non-compliance.

5. In reply, the learned counsel for the respondent submitted that the company, M/s.Viswapriya (India) Ltd., in which the petitioner is a Director, has not filed Form DIR-12 in respect of the claimed resignation of three of its Directors, namely, Shri R.Narayanan, Shri.S.Rajarathinam and Shri.T.S.Raghavan, such persons set-out as having resigned in 2013. But without giving those particulars, the said company has approached this forum. Further he submitted that the petitioner bound to prove those facts through the examine the witnesses. Hence, he prayed to dismiss the Criminal Original Petition.