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1983 Supreme(Mad) 461

NATARAJAN
Sun Paper Mill Limited and Others – Appellant
Versus
Assistant Registrar of Companies – Respondent


Advocates Appeared: For

Judgment :-

S. NATARAJAN J.

Both these petitions are connected and are, therefore, being disposed of by a common order. The former petition has been filed by accused Nos. 1 to 3, 5 to 10, 12 and 14 and the latter petition has been filed by accused No. 13 in C. C. No. 7571 of 1979 on the file of the III Metropolitan Magistrate, George Town, Madras. The two petitions have been filed under section 482 of the Code of Criminal Procedure for quashing the proceedings in the criminal case mentioned above. The Assistant Registrar of Companies, Madras, who is the complainant in the case, has filed the complaint against the petitioners and two other accused, viz., one T. R. Dharaneedharan (accused No. 4) and S. T. Adityan (accused No. 11), alleging commission of offences under section 200 of the Code of Criminal Procedure read with section 58A(3)(a) and section 58A(5) of the Companies Act, 1956. The complaint proceeds as follows : The first accused is a public limited company incorporated under the Indian Companies Act. Accused Nos. 2 to 13 have been impleaded in their capacity as present directors or former directors of the company at the relevant time the company had committed the offences.

















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