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2001 Supreme(Mad) 1648

C.NAGAPPAN
C. K. Ranganathan – Appellant
Versus
Registrar of Companies, Government of India – Respondent


Appearing Advocates:Arvind P. Dattar, T. S. Sivagnanam, Advocates.

Judgment :-

The Order of the Court was as follows :

The petitioner is the accused in STR No. 2644 of 2000 on the file of Sub-Divisional Judicial Magistrate, Pondicherry and he seeks to quash the proceedings in the case.

The respondent filed a complaint under Section 211(7) of the Companies Act against the petitioner, in which, it is alleged that a sum of Rs. 1, 44, 71, 902/- has been shown as other expenses, including bad debts, in Schedule J. in the Profit and Loss Account filed by the petitioner for the period ending 31-3-1997 and on a direction to furnish break-up for the said expenses, the petitioner furnished break-up figures in the letter, dated 28-12-1998 and it has been noticed in it that out of the total expense of Rs. 1, 50, 18, 708.23, a sum of Rs. 4, 46, 806.24 being other income and Rs. 1, 00, 000/- being profit on sale of Trade-Mark had been deducted and the balance of Rs. 1, 44, 71, 901.99 was shown as other expenses. The respondent alleged in the complaint that the Profit and Loss Account for the year ending 31-3-1997 has not disclosed the other income of Rs. 4, 46, 806.24 and the profit on sale of Trade-Mark amounting to Rs. 1, 00, 000/- and the miscellaneous expense

























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