D.B.Negandhi v. The Deputy Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2017

CORAM

The Hon'ble Mr.Justice C.T.Selvam Crl.O.P.Nos.1546 to 1552 of 2012 (7 cases) and M.P.Nos.1 to 3 of 2012 (in each Crl.O.Ps.) Crl.O.P.No.1546 of 2012 D.B.Negandhi

...Petitioner in Crl.O.P.No.1546 of 2012

Vs The Deputy Registrar of Companies, Shastri Bhavan, No.26, Haddows Road, Chennai - 600 006.

..Respondent in Crl.O.P.No.1546 of 2012 PRAYER:- Criminal Original Petition filed under section 482 of Criminal Procedure Code to call for records in E.O.C.No.57 of 2011, on the file of the Additional Chief Metropolitan Magistrate, E.O.I. Egmore, Chennai, and to quash the complaint as against the petitioner.

For Petitioner :

Mr.T.D.Selvan Babu For Respondent :

No appearance COMMON O R D E R Petitioner seeks quash of complaints in E.O.C.C.Nos.57, 58, 62, 63, 61, 59 and 60 of 2011, on the file of learned Additional Chief Metropolitan

Magistrate, Economic Offences - I, Egmore, Chennai.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. The allegations in the complaints in E.O.C.C.Nos.57, 58, 62, 63, 61, 59 and 60 of 2011, on the file of learned Additional Chief Metropolitan Magistrate, Economic Offences - I, Egmore, Chennai, are in respect of a Company, by name 'M/s. Uniport Computers Ltd. The complaints are of the year 2009. Even prior to the preference of complaints, the petitioner resigned from the holding post of Director of the said Company, as evidenced by Form 32 filed with the Registrar of Companies. In the circumstances, the very launching of prosecution against the petitioner, is erroneous. 4.

The Criminal Original Petitions are allowed. The proceedings in E.O.C.C.Nos.57, 58, 62, 63, 61, 59 and 60 of 2011, on the file of learned Additional Chief Metropolitan Magistrate, Economic Offences - I, Egmore, Chennai, are quashed. Connected miscellaneous petitions are closed. 24.04.2017 sd Index : Yes/No

To 1.

The Additional Chief Metropolitan Magistrate, Economic Offences - I, Egmore, Chennai.

2.

The Deputy Registrar of Companies, Shastri Bhavan, No.26, Haddows Road, Chennai - 600 006.

3.

The Public Prosecutor, High Court, Chennai.

C.T.SELVAM, J., sd Crl.O.P.Nos.1546 to 1552 of 2012 (7 cases) 24.04.2017