Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2008 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (1) TMI 816 - DELHI HIGH COURTCriminal Complaint pending before the learned Additional Sessions Judge, Delhi ("ASJ") seeked to be quashed - Held that:- An attempt was made by learned counsel for the SEBI to contend that the offence was a continuing one and took place from the very date that the company was incorporated and in any event from the date the SEBI Act was notified, i.e., April 4, 1992. The court is unable to accept this submission. There is not a whisper of an averment to this effect anywhere in the complaint. The time of commission of an offence is a matter of fact and not conjecture. In that view of the matter, Criminal Complaint No. 17 of 2004 and the order dated January 14, 2004, passed by the learned ACMM summoning the petitioners is hereby quashed and set aside.
|