Nasir Shaikh Abdul v. Registrar Of Companies & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3411/2017, Crl.M.A. No.13937/2017 (Stay) & Crl.M.A. No.14795/2017 (Direction) NASIR SHAIKH ABDUL ..... Petitioner Through:

Mr. Shad Anwar, Advocate.

versus REGISTRAR OF COMPANIES & ANR ..... Respondents Through:

Mr. Sanjib Kumar Mohanty, Senior Panel Central Govt. Counsel with Mr. P.S.

Chandralekha, Advocate for R-1.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 18.09.2017 CRL.M.C. 3411/2017 The present petition has been filed under Section 482 Cr.PC assailing the order dated 21.03.2017 passed by the Additional Chief Metropolitan Magistrate, Central District, Tis Hazari Courts, Delhi in Complaint Case No. 531334 of 2016 titled as "ROC Vs. Global Production Networks Pvt. Ltd." whereby the proceedings under Section 82 of Cr.PC were initiated against the petitioner.

The accused/petitioner being Director of the respondent company was summoned for the offence under Section 220(3)/162 of the Companies Act on 08.09.2015. Various notices were issued to him. Thereafter, NBWs were issued and finally process under Section 82 Cr.P.C. was issued to him which is now returnable on 02.11.2017.

Learned counsel for the petitioner submits that the petitioner could not be served as the petitioner had shifted his residence. It is not disputed that this fact was not brought to the notice of the Court concerned. CRL.M.C. 3411/2017

Heard.

In this background, the order dated 21.03.2017 passed by the Additional Chief Metropolitan Magistrate, Central District, Tis Hazari Courts, Delhi in Complaint Case No. 531334 of 2016 titled as "ROC Vs. Global Production Networks Pvt. Ltd." is set aside subject to deposit of cost of Rs.25,000/- (Rupees Twenty Five Thousand Only) in the Delhi High Court Legal Services Committee. Cost be deposited within one week from today.

The accused/petitioner shall appear before the Court concerned on 02.11.2017 without fail.

The petition stands disposed of along with pending applications. SANGITA DHINGRA SEHGAL, J SEPTEMBER 18, 2017 afa CRL.M.C. 3411/2017