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2022 Supreme(Mad) 3840

SUNDER MOHAN
B. Kannan – Appellant
Versus
Deputy Registrar of Companies – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr.Abudukumar Rajaratnam
For Respondent: Mr. K.Ramanamoorthy Central Govt. Standing Counsel

ORDER :

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in E.O.C.C.No.46 of 2016 pending on the file of Additional Chief Metropolitan Magistrate Economic Offences No.I, at Egmore, Chennai and quash the complaint.

This petition has been filed to quash the private complaint filed in E.O.C.C.No.46 of 2016 by the respondent herein for the alleged offences under Section 165 r/w 165(6) of the Companies Act, 2013.

2. The allegations in the complaint are that the petitioner violated the provisions of the Companies Act by holding Directorship of companies in excess of the limits prescribed under the provisions of Section 165 of the Companies Act, 2013 and the said violation is an offence punishable under Section 165(6) of the Act. As per Section 165(1) of the Act, no person, after the commencement of this Act, shall hold office as a Director, including any alternate Directorship, in more than twenty companies at the same time, provided that the maximum number of public companies, in which, a person can be appointed as a Director shall not exceed ten. Further, Section 165(3) of the Act provides that any person holding office as Director in comp

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