IN THE HIGH COURT on KARNATAKA AT BANGALORE Dated this the 7"' day of October, 2909 Before THE HON'BLE MR JUSTICE HULUVADI G RAMESH Criminal Petitions I195 / 2008 CM 1196 / 2008 Between: Sri Vikram Aditya Devate R/a # 637, III Cross, I C Main K G Layout, BSK III Stage common Bangalore 560 085 Petitioner (By Sri Venkatesh R Bhagat, Adv.) And: Registrar of Companies 11 Floor, E Wing, Kendriya Sadan common Koramangala, Bangalore 560 034 Respondent (By Sri T M Venkata Reddy, CGSC) These Criminal Petitions are filed under S.482 of the Cr.PC praying to quash the order dated 26.11.2007 in CC 1021/2007 & CC 1022/2007 by the Sp] Court (Economic Offences), Bangalore. These Criminal Petitions coming on for Admission this day, the Court made the following: ORDER
These two petitions have been filed seeking for quashing the
proceedings initiated by the Special Court (Economic Offences), Bangalore in
CC 1021/2007 and CC 1022/2007.
Alieging non filing of the returns within stipulated time by the
Company, petitioner as well as the other two persons viz., accused 1 company
and one more person have been charge sheeted.
According to the petitioner’s counsel, although it is averred in the
complaint that three persons are responsible, but as per S.5 of the Companies
Act, only the person in charge of the affairs of the company should be made
liable. Petitioner though is a Nominal Director holding Rs.lOO/– share, the 1″‘
and 2″” accused are the Company and the Managing Director. The company
alone could be made liable and not this petitioner.
In View of the submission made and the allegation against the
petitioner, proceedings against this petitioner could be quashed since accused 1
and 2 are available to be prosecuted if there is any lapse.
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Accordingly, petitions are allowed. Proceedings in so far as this
petitioner is concerned is quashed
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