Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2016 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (2) TMI 856 - HC - Companies LawCriminal proceedings instituted on the basis of such FIR - Held that:- As allegations made in the FIR even if taken on the face and accepted in the entirety do not constitute any offence and thus to the mind of this Court the criminal proceedings instituted on the basis of such FIR needs to be quashed. Though, it is relevant to point out here that grouse, if any, regarding running of this company by any of the constituents of the company they are well within their rights to move the appropriate forum for any acts of oppression or mismanagement in terms of Sections 397 and 398 of the Act. Thus, the continuation of the criminal proceedings qua the present petitioners would not lead to any conclusive result and rather would only be a wastage of time of the Court as well as putting the petitioner to undue harassment and torture and, thus, the complainant cannot be allowed to have recourse against the present petitioners by such a means. Thus, in the light of what has been discussed above the present FIR No.69 dated 19.4.2012 under Sections 420, 465, 467,468, 471, 120-B IPC registered with Police Station Division No.3 Chandigarh Annexure P/1 qua the present petitioners is hereby quashed with all consequential effects.
|