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2016 (5) TMI 520 - HC - Companies LawInclusion criminal complaints filed under Section 138 of the Negotiable Instruments Act, 1881 to the expression 'suit or other proceedings' in Section 446(1) and the expression 'suit or proceedings' in Section 442, under Chapter II of Part VII of the Companies Act,1956 - Held that:- In consonance with the spirit, purpose and object of the provisions of Section 446(1) of the Companies Act and Section 138 of the Negotiable Instruments Act, we uphold the view taken by the Single Judge in the matter of Firth (India) (1998 (9) TMI 588 - HIGH COURT OF BOMBAY) and accordingly proceed to answer the Reference placed for our consideration, as follows :- The expression “suit or other proceedings” in Section 446(1) under chapter II of Part VII of Companies Act, 1956, does not include criminal complaints filed under Section 138 of the Negotiable Instruments Act, 1881.
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