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2010 (1) TMI 572 - HIGH COURT OF DELHICriminal complaint filed by the respondent against the petitioner under sections 24(1) and 27 of Securities and Exchange Board of India Act, 1992 Held that:- There can be no valid legal objection to considering the certified copy of Form 32 issued by Registrar of Companies correctness of which is unimpeachable and which can be otherwise be read in evidence without any formal proof. A criminal trial is a serious matter, having grave implications for an accused, who not only has to engage a lawyer and incur substantial expenditure on defending him, but, has also to undergo the ordeal of appearing in the Court on every date of hearing, sacrificing all his engagements fixed for that day. If he is in business or profession, he has to do it at the cost of affecting his business or profession, as the case may be. If he is in service, he has to take leave on every date of hearing. Besides inconvenience and expenditure involved, a person facing criminal trial undergoes constant anxiety and mental agony, as the sword of possible conviction keeps hanging on his head throughout the trial. Therefore, when there is a reasonable certainty that the trial is not going to result in conviction, it would be neither fair nor reasonable to allow it to proceed against a person such as the petitioner in this case. Thus the criminal complaint in question, to the extent, it pertains to the petitioner, is hereby quashed.
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