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2020 (10) TMI 1072 - HC - Companies LawSummon Order - applicants argued that the impugned summoning order is a proforma order passed over printed proforma with no application of judicial mind - HELD THAT:- Whatever is in other cases is with regard to facts involved in those cases and in criminal case parity of this kind may not be claimed. Rather what is ground for filing this application and where is abuse of process of law has to be mentioned for having indulgence of this court. Hence under above pretext, this file reveals that this complaint was filed by Registrar of Companies u/s 211(3A)(3C) of the Companies Act, 1956 read with AS-15 and AS-13 against Gopal Das Bansal and three others with this contention that Mammon Concast was incorporated as Private Limited on 24.5.2010 under Companies Act having its registered office at 144, Kaveri Kunj, Phase II, Kamla Nagar, Agra. As per memorandum of Companies Registration Book Gopal Das Bansal, Shashank Goyal, Sagar Bansal and Anup Kumar Goyal are Directors of this Company. Hence they are responsible for the act of Company, as per the provisions of Section 211(3A)(3C) of the Companies Act, 1956, and under section 5 of the Companies Act. They will be treated as officers in default. A Judicial Magistrate is not required to pass order on the analytical analysis of fact and evidence at the stage of passing order u/s 204 Cr.P.C. - The mere requirement is that the Magistrate has to see as to whether prima-facie case is there to proceed further or not. In the present case, complaint was filed by Registrar of Companies with accusations and documentary evidence in support of it, which were Inspection report submitted by the office of Regional Director (NR), Ministry of Corporate Affairs, New Delhi. Hence there was sufficient prima-facie case to proceed further and pass summoning order. This was not under abuse of process of law. Application dismissed.
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