Honble KHAN, J. – This petition u/S. 482 r/w Sec. 397 Cr.P.C. challenges the order dated 17.11.1995 whereby the learned trial Magistrate rejected petitioners application against his summoning as an accused of the offence u/S. 372 of the Companies Act, 1956 (the Act) in Criminal (Complaint) Case No. 2 of 1994 Registrar of Companies, Jaipur vs. Sanjay Dalmia & Ors.

(2). The relevant facts are these :

M/s. Dalmia Industries Ltd. (DIL), formerly known as M/s. Dalmia Dairy Industries Ltd. is a company incorporated on 21.4.1937 under the Companies Act, 1913 and duly registered as such with Registrar of Companies, Jaipur. It has its registered office at Ghana Sewar Bye-pass Road, Bharatpur, Rajasthan. At the relevant point of time the present petitioner held the position of Company Secretary in the said company.

(3). Sometimes in the year 1986 the DIL thought of floating a subsidiarycompany Nepal for manufacture of instant powder, strained, dry baby food products etc. based on vegetables and fruits. It accordingly approached the Central Govern- ment for requirsite permission as per provisions contained in Sec. 27(3) of the Foreign Exchange Regulation Act, 1973 (FERA). The Central Government

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