TMI Blog1990 (5) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication under section 401 and section 482 of the Code of Criminal Procedure, 1973, for setting aside the order dated December 27, 1984, passed by the learned Chief Judicial Magistrate, Calcutta, in Case No. C/3532 of 1984 pending in his court and for quashing further proceedings in the said case On December 27, 1984, the Registrar of Companies, West Bengal, filed a petition of complaint in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner, contended that the learned Chief Metropolitan Magistrate acted mechanically without application of judicial mind. The impugned order was passed upon a cyclostyled order sheet supplied by the prosecution embodying the order in pursuance whereof cognizance was taken and as such the impugned order cannot be sustained in law. In support of his contention, he has referred to an unreported decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Chief Metropolitan Magistrate merely signed on it without application of his mind has considerable force. Be that as it may, even if it is assumed that, for the sake of convenience, the order sheet was cyclostyled by the office of the learned Chief Metropolitan Magistrate under his instructions, it appears from another circumstance that the learned Chief Metropolitan Magistrate did not apply hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d copy of the order in Criminal Revision No. 1475 of 1979 has been produced before us. In that case, the learned Chief Metropolitan Magistrate on receipt of the complaint issued summons against the accused company and its directors under section 204(1) of the Companies Act, 1956. It has been held that for violation of section 204(1) of the Companies Act, a company or its directors are liable for p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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