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2017 (8) TMI 48 - SC - Companies LawPetition filed u/s 482 of Criminal Procedure Code - complaint filed by ROC against the Directors for failure to lay before the Company in Annual General Meeting held the balance sheet and profit and loss account for the period required under sub-sections (1) and (3) of Section 210 - Held that:- The resignation of the appellant was accepted on 16.06.1997 in the meeting of Board of Directors of the Company, and the Registrar of Companies was informed of the same by filing Form No. 32 in terms of Section 303(2) of the Act. The appellant, an advocate, is more than eighty years of age and suffering from various serious ailments. Also the other five similar complaints as against the appellant, which are in respect of the meetings held on the dates subsequent to 1997, have already been quashed by the High Court. In the above circumstances, we are inclined to accept the argument that the High Court erred in not quashing the criminal proceedings in question. Accordingly the appeal is allowed.
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