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2019 (6) TMI 1334 - HC - Companies LawOffence alleged under Sections 454(5) and 454(5A) of the Companies Act, 1956 - Framing of charge - maintainability of petition - HELD THAT:- Hon’ble Supreme Court in SUBRAMANIUM SETHURAMAN VERSUS STATE OF MAHARASHTRA & ANR. [2004 (9) TMI 605 - SUPREME COURT] was not directly considering the scope of Section 251 of the Cr.P.C. in the context of a summons case, and this conclusion would explain the observation in paragraph-20 of the judgment that in an appropriate case, the Court would discharge the accused as per Section 239 of the Code. The petition for discharge is not maintainable also under Section 245(2) of the Cr.P.C., which falls under Chapter XIX thereof and deals with trial of warrant cases - petition dismissed.
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