Sh. C P Yogeshwara vs Serious Fraud Investigation Officer on 20 November, 2012

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Karnataka High Court

Sh. C P Yogeshwara vs Serious Fraud Investigation Officer on 20 November, 2012

Bench: H.N. Nagamohan Das

                         1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 20TH DAY OF NOVEMBER, 2012

                          BEFORE

   THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

                    CRL.P.No.4000/2012

BETWEEN:

1. SH.C.P.YOGESHWARA
   S/O SH.PUTTAMADEGOWDA
   AGED ABOUT 48 YEARS
   MANAGING DIRECTOR OF
   MEGACITY (BANGALORE)
   DEVELOPERS & BUILDERS
   LIMITED, 464, 1ST 'G' CROSS,
   2ND PHASE, BSK 3RD STAGE,
   BANGALORE - 560 085.


2. SH. C.P.GANGADHARESHWARA
   S/O SH. PUTTAMADEGOWDA
   AGED ABOUT 46 YEARS
   WHOLE TIME DIRECTOR OF
   MEGACITY (BANGALORE)
   DEVELOPERS & BUILDERS
   LIMITED, No.367, 1ST E CROSS,
   2ND PHASE, BSK 3RD STAGE,
   BANGALORE - 560 085.

3. Shri P.MAHADEVAIAH
   S/O SH.PUTTEGOWDA
                             2




   AGED ABOUT 58 YEARS
   DIRECTOR OF MEGACITY (BANGALORE)
   DEVELOPERS & BUILDERS
   LIMITED, No.143, 5TH MAIN,
   BSK 3RD STAGE,
   BANGALORE - 560 085.

4. Shri RAMESH H.R.
   AGED ABOUT 42 YEARS
   DIRECTOR OF MEGACITY (BANGALORE)
   DEVELOPERS & BUILDERS
   LIMITED, No.143, 5TH MAIN,
   BSK 3RD STAGE,
   BANGALORE - 560 085.          .. PETITIONERS

(By Sri TOMY SEBASTIAN, SR.COUNSEL)

AND:
SERIOUS FRAUD INVESTIGATION
OFFICER, MINISTRY OF CORPORATE
AFFAIRS GOVERNMENT OF INDIA
2ND FLOOR, PARYAVARAN BHAWAN,
CGO COMPLEX, LODHI ROAD,
NEW DELHI - 110 003.
REPRESENTED BY ASSISTANT
DIRECTOR.                                   ..RESPONDENT

(By Sri B.P.PUTTASIDDAIAH, CGC)

     CRL.P FILED UNDER SECTION 482 CR.P.C. PRAYING TO
QUASH THE CRIMINAL PROCEEDINGS INITIATED AGAINST
THEM IN C.C.No.33/12 ON THE FILE OF THE SPECIAL COURT
FOR ECONOMIC OFFENCES, BANGALORE.

      This petition coming on for admission, this day, the court
made the following;
                              3




                             ORDER

In this petition the petitioners have prayed for quashing the proceedings in C.C.No.33/2012 pending on the file of Special Court (Economic Offences), Bangalore.

2. First petitioner is a company registered under the provisions of Companies Act. Second petitioner is the Managing Director and third petitioner is the whole time Director of first petitioner company. Respondent filed C.C.No.33/2012 for the offences punishable under Section 166 of the Companies Act for not holding General Body Meetings for the years 2006-07, 2008- 09 and 2009-2010. It is brought to my notice that in C.C.No.19/2012, 20/2012 and 18/2012 proceedings are initiated against the petitioners for the very same offence punishable under the provisions of the Companies Act. For the same offence two proceedings against the petitioners cannot be continued. This approach of the respondents in initiating parallel proceedings against the petitioners for the same offence is opposed to the 4 principle of double jeopardy. For the reasons stated above, the following:

ORDER

i) Petition is hereby allowed.

ii) The proceedings in C.C.No.33/2012 pending on the file of the Special Court (Economic Offences), Bangalore is hereby quashed. However, the proceedings in C.C.No.19/2012, 20/2012 and 18/2012 shall be proceeded in accordance with law.

Sd/-

JUDGE.

DKB

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