TMI Blog2024 (3) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Special Court constituted under Section 435 of the Companies Act, 2013 - HELD THAT:- The Division Bench of this Court upon reference by the learned Single Judge and the Division Bench has held that upon reading Section 212(6) along with 439(1), the Special Court constituted under Section 435 of the Act cannot take cognizance of an offence punishable under Section 447 of the Act upon a privat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenging the proceedings in C.C.No.235/2017 on the file of Court of the Special Court (Economic Offences) at Bengaluru for the offences punishable under Section 447 and 448 of the Companies Act, 2013. 2. The respondent filed a private complaint under Section 200 of Cr.P.C., alleging that though the petitioners, who are required to call upon the requisition meeting within three months, however, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cognizance of an offence punishable under Section 447 of the Act upon a private complaint by a shareholder or a member of a Company, but can take cognizance only upon complaint by the Special Fraud Investigation Officer in terms of Second Proviso of Section 212(6) of the Act. Therefore, the cognizance taken on a private complaint filed by the shareholder is one without jurisdiction, and the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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