M/S Ethinic Tobacco (India) Limited v. The Registrar Of Companies

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6952 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/A1 and A2 seeking to quash the proceedings in C.C.No.2 of 2016 on the file of the Special Judge for Economic Offences Court, Hyderabad, registered for the offences punishable under Section 149 of the Companies Act, 2013 punishable under Section 450 of Companies Act, 2013, against them.

2. It is alleged in the complaint that A1 and A2 have failed to appoint a Woman Director as per the provisions and failed to file the relevant E Form: DIR regarding the said appointment with the complainant, thereby contravened Section 149 of the Companies Act, 2013 punishable under Section 450 of the Companies Act, 2013. They also failed to comply with the statutory requirements of Section 149 of the Companies Act, 2013.

3. Heard and perused the material on record.

4. Since the matter arising under Companies Act, it has to be decided after full fledged trial and therefore, this Court is not inclined to interfere with the impugned proceedings. At this stage, learned counsel for the petitioners confined his argument to the extent that the presence of the petitioners/A1 and 2 before the trial Court may be dispensed with. In view of the same, the presence of the petitioners/A1 and A2 before the trial Court is dispensed with except on the

dates whenever their presence is insisted by the trial Court and they shall be represented by their counsel.

5. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. _______________ RAJA ELANGO, J 29th April, 2016 sj