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2021 (12) TMI 387 - HC - Companies LawCompounding of offences - threshold limit of holding directorship in companies - Section 165 r/w 165(6) of the Companies Act, 2013 - HELD THAT:- The facts in the present case is not in dispute that the petitioner is implicated for the offence under Section 165 read with Section 165(6) of the Companies Act, 2013, on the ground that he is holding Directorship in 24 companies instead of 20 companies and violated the provisions of the Companies Act and due to which, the present impugned complaint came to be filed. This Court is of the opinion that earlier one show cause notice was issued on 07.04.2017, for which the petitioner has sent a reply dated 14.04.2017. Thereafter the petitioner also filed a Compounding Application under Section 441 of the Act on 12.05.2017, for compounding of the offence under Section 165 of the Act. Without considering the Compounding Application, the respondent issued another show cause notice on 23.06.2017 and for which also, the petitioner had sent a reply on 10.07.2017, intimating the pendency of the Compounding Application, to the respondent. For the reasons aforesaid, this Criminal Original Petition is allowed and the complaint, on the file of the Additional Chief Metropolitan Magistrate (EO.I), for the offence under Section 165 r/w 165(6) of the Companies Act, 2013, is quashed. Petition allowed.
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