17.01.2025 Sl. No.: 16 Court No.30 BM CRR 2295 of 2023 Kunj Commercial Company Ltd.

Vs.

Registrar of Companies, West Bengal Mr. Ayan Bhattacharya, Sr. Adv.

Sri Dhilon Sengupta Mr. Pramod Kumar Bagaria Ms. Sarita Bagaria Ms. Himika Saraf … for the petitioner Mr. Dhiraj Trivedi, Sr. Adv.

Mr. Mayukh Mukherjee … for the UOI/ROC

1. The present revisional application has been preferred praying for quashing of proceeding being Complaint Case No.C/589/2022 under Sections 439(2) of the Companies Act, 2013 read with Section 200 of the Code of Criminal Procedure, 1973 for contravention of Section 204(2) of the Companies Act, 2013 pending before the court of the learned Chief Judicial Magistrate at Alipore, District South 24 Parganas.

2. Vide the order dated 10.01.2025 the petitioner herein was directed to exercise his option as per clause 4 of the instruction filed by the learned counsel appearing for the ROC. The said instruction dated 18.11.2024 No.ROC/LEGAL/CRR/2023/8157 wherein it has been stated is as follows :-

“ In view of the above, it is submitted if the petitioner opts for adjudication mechanism taking benefit of decriminalization of offence then respondent shall have no objection and will