M/S Peoples General Hospital Private ... vs Union Of India on 3 November, 2023
10. Another ground raised by learned senior counsel is that the
offence comes within the ambit of Companies Act, 1956,
therefore, offence as alleged is not cognizable under the Act of
2013. Thus, offence under Section 447 of the Act of 2013 cannot
be treated having as ex post facto application of penal provision
and placed reliance on the judgments of Apex Court in the matter
of Union of India and Ors. Vs. Ganapati Dealcom Pvt. Ltd.,
(2023) 3 SCC 315, T. Barai Vs. Henry Ah Hoe, (1983) 1 SCC
177, Swetab Kumar Vs. Ministry of Environment, Forest and
Climate Change, 2023 SCC OnLine SC 339. According to him,
initial complaint is against the legal position, therefore,
consequential proceedings are vitiated.