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2022 Supreme(Online)(MAD) 11234

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
MANULAKSHMI – Appellant
Versus
THE ASSISTANT REGISTRAR OF C – Respondent


O R D E R

This Criminal Original Petition has been filed to quash the proceedings in E.O.C.C.No.10 of 2019 pending on the file of the learned Additional Chief Metropolitan Magistrate, Economic Offences – 1, Egmore, Chennai under section 207[4] of the Companies Act, 2013.

2. The complaint was filed on the premise that the complainant issued summon dated 17.10.2018 to attend the office of the respondent on 30.10.2018. Despite receipt of summons, the petitioner has not appeared and therefore, the private complaint has been filed.

3. The learned counsel appearing for the petitioner would submit that originally notice under section 206[1] of the Companies Act was issued for production of DPT3 and DPT4 forms. However, the petitioners have not filed those documents. Thereafter, they have filed a compounding petition to compound the offence along with DPT 3 and DPT 4 forms. After verification of the forms, the compounding was accepted and the prosecution initiated in that regard has already been withdrawn. Thereafter, summons under section 207 of the Companies Act was issued for production of very same documents, which is the subject matter of the present complaint. It is further submitted t

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