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2020 (10) TMI 306 - HC - Companies LawSummon of accused to face trial for the offences punishable u/s 129 of Companies Act - HELD THAT:- From the very perusal of impugned summoning order it is apparent that the summoning has been made u/s 129 of Companies Act but neither the name of the accused has been given nor their parentage has been given nor the specific offence in which they been summoned is given. The complaint was with prayer for summoning accused persons for offences punishable u/s 129 of the Companies Act for making defiance of provisions of Section 129 of Companies Act and penal clause is there in Companies Act u/s 129(7) for making defiance against the provisions of section 129 of the Companies Act regarding financial statement. Hence request was made for making summoning of accused for offences punishable u/s 129(7) of the Act and it was with penal liability u/s 129(7) of the Act, but the Magistrate has summoned u/s 129 of the Companies Act without specifying penal provision u/s 129(7) of the Act. Hence it is prima-facie apparent that the Special C.J.M., Agra, was not careful to go through the complaint and relevant penal provision under which punishment was sought. Even names of accused persons with their parentage, who have been summoned, were not given nor contention of complaint is there nor any application of judicial mind is apparent from the impugned order. Hence apparently there is non application of judicial mind by concerned Special C.J.M., Agra, in passing the impugned summoning order. The impugned summoning order dated 27.2.2019 is being quashed with a direction to the court of Special C.J.M., Agra, to pass a judicial order in the matter - application allowed.
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