Arun Kumar Malhotra v. The Assistant Registrar Of Companies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.26285 of 2018 Arum Kumar Malhotra

...Petitioner

-VsThe Assistant Registrar of Companies, TN, Chennai, No.26, Haddows Road, Shastri Bhavan, Chennai 600 006.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to recall the Non-Bailable Warrant issued against the petitioner on 29.10.2018 in E.O.C.C.No.276 of 2018 by the Learned Additional Chief Metropolitan Magistrate Economic Offences at Allikulam Chennai.

For Petitioner : Mr.M.Velmurugan

ORDER

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the Learned Additional Chief Metropolitan Magistrate Economic Offences at Allikulam Chennai by order dated 29.10.2018 against the petitioner in E.O.C.C.No.276 of 2018.

2. The petitioner is arrayed as accused in E.O.C.C.No.276 of 2018, on the file of the Learned Additional Chief Metropolitan Magistrate Economic Offences at Allikulam Chennai, for the offences punishable under Sections 203(1)(ii) of the Companies Act 2013 read with Rule 8 of Companies (Appointment and Remuneration of Managerial Personnel) Rules 2014.

3. The petitioner was absent during the trial in E.O.C.C.No.276 of 2018, on the file of the Learned Additional Chief Metropolitan Magistrate Economic Offences at Allikulam Chennai. Therefore non bailable warrant came to be issued on 29.10.2018.

4. The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the Learned Additional Chief Metropolitan Magistrate Economic Offences at Allikulam Chennai, within a period of two weeks from today and to file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

6. Accordingly, the Criminal Original Petition stands disposed of.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar rna To 1.The Assistant Registrar of Companies, TN, Chennai, No.26, Haddows Road, Shastri Bhavan, Chennai 600 006.

2.The learned Additional Chief Metropolitan Magistrate, Economic Offences, Allikulam, Chennai.

+1 CC to Mr.M.Velmurugan , Advocate sr 77216 Crl.O.P.No.26285 of 2018 SP(19/11/2018) https://hcservices.ecourts.gov.in/hcservices/