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G. CHANDRASEKHARAN
M/s. Kanya Resorts Private Limited, Chennai – Appellant
Versus
Assistant Registrar of Companies Tamilnadu, Chennai – Respondent
JUDGMENT
(PRAYER:Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records in EOCC.No.379 of 2018 on the file of the learned Additional Chief Metropolitan Magistrate, Economic offences, Egmore, Chennai – 8 and quash the proceedings as an abuse of process of Law.
Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records in EOCC.No.629 of 2017, on the file of the learned Additional Chief Metropolitan Magistrate, Economic offences, Egmore, Chennai – 8 and quash the same.)
COMMON ORDER:
1. These Criminal Original Petitions have been filed to quash the criminal proceedings initiated against the petitioners in their respective cases, which have been filed for violating/defaulting to comply certain provisions of Companies Act, 1956/2013.
2. Petitioners alleged to have violated/not complied with the provisions of Companies Act. The list of the violations are as follows:
Crl.O.P.No.28730 of 2019:
The financial statement including the consolidated financial statement duly adopted for the year 2015-16 should have been filed with the complainant within thirty days of the date
The nature of the offenses and the prescribed penalties determine whether the offenses are continuing or one-time, and the applicability of limitation periods. Prosecutions under the repealed 1956 Ac....
The court affirmed that non-compliance with regulatory provisions constitutes a continuing offence, extending prosecution limitations under the Companies Act.
The main legal point established in the judgment is the significance of timely compliance with legal requirements, the implications of the limitation period on initiating proceedings for offences und....
(1) Right recourse for a person, who makes allegation of fraud in affairs of a company is to file application under Section 213 of Companies Act before NCLT upon satisfying eligibility under Section ....
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