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2009 (8) TMI 691 - HC - Companies LawNon filing of Annual return - punishment for default on petitioner’s/accused No. 3 - Held that:- In spite of the fact that the petitioner communicated a letter to the respondent that he resigned from the accused-company as early as on 13-3-1998, the respondent had not taken his resignation into consideration. Thus Considering the facts and circumstances of the case, the court feels that due to non-application of mind by the respondent the petitioner has been arrayed as the third accused in EOCC No. 114 of 2007 on the file of Additional Chief Metropolitan Magistrate’s Court, Egmore, Chennai. Hence, the court is warranted to interfere with the proceedings in EOCC No. 114 of 2007, and quash the same as against the petitioner/third accused alone. Criminal original petition allowed.
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