JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is a petition under Section 482 Cr.P.C., 1973 read with Article 227 of the Constitution of India praying for necessary orders and directions for quashing the complaint No. 4872/2020 under the 85(G) of the Employees' State Insurance Act, 1948 (hereinafter referred to as `ESI Act') pending before the learned CMM, South East District, Saket Courts, New Delhi.

2. The relevant brief facts as culled out from the petition are as under:

"2. Briefly, the fact of the case are that on 2.09.2014 Minutes of Proceedings of the Extra Ordinary General Meeting of Respondent No. 2 was held at New Delhi wherein amongst other resolutions the Chairman proposed the resolution that the resignation of Petitioner from Directorship of the Company was accepted with effect from 2.09.2014. This resolution was passed unanimously and as such the Petitioner ceased to be the Director of the Company w.e.f 2.09.2014.

3. That in the same Minutes of Meeting of 2.09.2014 the Chairman proposed the appointment of Gonzalo Gomez Garcia and Santiago Cabezas Carbonell as the new Directors of the Company.

4. That the Respondent no.