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2017 Supreme(SC) 640

N.V.RAMANA, PRAFULLA C.PANT
D. B. Negandhi – Appellant
Versus
Registrar of Companies – Respondent


Advocates Appeared: For the Appellant:Mahesh Agarwal, Ankur Saigal, Munjaal Bhatt, Abha Saigal for E.C. Agrawala, Advocates.
For the Respondent:Tushar Mehta, ASG, Swarupama Chaturvedi, Rajat Nair, M.K. Maroria, Sushma Suri, (Not present), Advocates.

ORDER

Leave granted.

2. This appeal is directed against order dated 16.01.2015, passed by the High Court of Karnataka in Criminal Petition No. 5890 of 2010 whereby the petition filed under Section 482 of Criminal Procedure Code (CrPC) was dismissed.

3. Brief facts of the case are that a criminal complaint was filed by the Registrar of Companies against the Directors of M/s. Cauveri Software Engineering Systems Ltd, a Company incorporated on 08.01.1991, for failure to lay before the Company in Annual General Meeting held on 28.02.2005 the balance sheet and profit and loss account for the period required under sub-sections (1) and (3) of Section 210 of the Companies Act, 1956 (for short `the Act'). The appellant was stated to be one of the Directors of the Company. The said proceedings (C.C. No. 108 of 2006), pending before the Special Court (Economic Offences), Bangalore, were challenged in 482 petition before the High Court on the ground that though the appellant was inducted as Director of the Company in 1991, but owing to his ill-health he resigned from the post of Director with effect from 31.05.1997.

4. Learned counsel for the appellant pointed out that the resignation of the appel



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