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2015 (10) TMI 1716 - HC - Companies LawAllegation of cheating and fraud levelled against petitioner - Whether the expression “other legal proceedings” in Section 446 of the Companies Act would include Criminal Proceedings and FIR filed in Delhi can be quashed or not? - Urged by Appellant that since the matters before DRT had been settled and all the amount was paid, it would be an abuse of the process of Court and FIR be quashed - Revenue contends that Court has no jurisdiction to quash the FIR since the FIR is registered in Delhi and One time settlement does not refer to criminal proceedings; no approval given by RBI. Held That:- Section 446 does not prohibit proceedings being taken by company against any directors or officers or other servants of company; "other legal proceedings” used in Section 446(1) do not include criminal proceedings - Court has no jurisdiction to transfer a criminal case from one Court to another and petitioners could not have approached this High Court for quashing - Decision made in case of Pennar Paterson Ltd. Vs. Shikshak Sahakari Bank Ltd.[2008 (4) TMI 508 - SUPREME COURT OF INDIA] followed - Decided in favour of Respondent
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