( 1 ) THE three petitioners have been summoned by the learned Addl. Chief Metropolitan Magistrate (ACMM) in a complaint Filed by respondent No. 2 for an offence under Section 113 of the Companies Act (for short the Act ). In this petition under Section 482 of the Criminal Procedure Code (for short "the Code), they are seeking quashing of the said complaint and the summoning order. The Petitioner No. I is a company, petitioners No. 2 and 3 are its Managing Director and the Company Secretary respectively.

M/s. Food Specialities Limited who was incorporated on 28. 3. 1959 changed the name of the present petitioner No. I which was registered on 29. 3. 1990.

( 2 ) BRIEFLY, the facts as alleged in the complaint are that the Assistant Registrar of Companies (Delhi and Haryana) had carried out inspection of the records of the petitioner company on 22/23. 7. 1992 and found the following irregularities/breaches i. e. delay in registering the shares/debentures and remitting to the transferee.

(A) 10,000 (wrongly mentioned as 1,10,000) shares lodged on 7. 8. 1990 were despatched on 9. 10. 1990 - a/c UTI.

(B) 12 Non-convertible debentures lodged on 30. 11. 1990 despatched on 20.