TMI Blog2022 (7) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... the Petitioner before the trial Court and not to invoke the powers under Section 482 of Cr.P.C. based on the print out taken from the Registrar of Companies which is not an authenticated copy. If this Petition is allowed, it would amount to miscarriage of justice by placing reliance on some copies furnished by the learned Counsel for the Petitioner which is not an authenticated copy. - Criminal Original Petition No.2226 of 2019 and Crl.M.P.No.1447 of 2019 - - - Dated:- 17-6-2022 - THE HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP For the Petitioner : Mr. S. Sundaresan For the Respondent : Mr. R. Chandramohan ORDER This Criminal Original Petition had been filed to quash the Proceedings in C.C.No.3645 of 2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A-5 in the complaint in C.C.No.3645 of 2015, was not at all the Director of the Company. The learned Counsel for the Petitioner invited the attention of this Court to Section 141 of the Negotiable Instruments Act, 1881 regarding the offences by Companies. If the first Respondent/Complainant had been vigilant and alert, he ought to have obtained the details regarding the Company from the website of the Ministry of Corporate Affairs, a Government of India undertaking, which uploads details of the change in the Board of Directors of the Company as recorded by the Registrar of Companies. Therefore, on the date of filing of this complaint by the first Respondent/Complainant, the Petitioner herein who was arrayed as Accused No.5, was not a Direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the Petitioner herein who is arrayed as Accused No.5 who had resigned as early as on 24.01.2012 and there is no specific averments against the Petitioner/Accused No.5 anywhere in the complaint regarding the overt act of the Petitioner. 5.The learned Counsel for the Petitioner had furnished Form-32, a copy of the e-mail regarding the resignation and acceptance of the same by the Company which is uploaded in the website of the Registrar of Companies under Form-32. 6.The learned Counsel for the first Respondent/Complainant vehemently objected to the submissions of the learned Counsel for the Petitioner seeking to quash C.C.No.3645 of 2015 against the Petitioner/Accused No.5 stating that he had already resigned in the year 2012. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Active - GURUDEV WIND ENERGY PRIVATE LIMITED Director 06.06.2012 06.06.2012 - Active - SURANA GREEN POWER LIMITED Director 03.03.2010 03.03.2010 27.01.2012 Active - SURANA PROJECTS PRIVATE LIMITED Managing Director 12.03.2012 12.03.2012 - Active - METALKING VENTURES PRIVATE LIMITED Director 13.08.2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ising extraordinary power of the High Court under Section 482 Cr.P.C. Therefore, the learned Counsel for the Respondent/Complainant requested this Court to dismiss this Criminal Original Petition as having no merits. 8.In the light of the orders passed in Crl.O.P.No.24740 of 2018, dated 24.10.2018 and Crl.O.P.No.21021 of 2018, 31.01.2022, the arguments advanced by the learned Counsel for the Petitioner cannot at all be accepted and this Petition cannot be allowed. What had been raised by the Petitioner is treated as valuable defence available to the Petitioner before the trial Court and not to invoke the powers under Section 482 of Cr.P.C. based on the print out taken from the Registrar of Companies which is not an authenticated copy. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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