Court No. - 45 Case :- APPLICATION U/S 482 No. - 13524 of 1993 Petitioner :- K.N. Pvt. Ltd. Respondent :- Spl. C.J.M. Petitioner Counsel :- Rk Awasthi Respondent Counsel :- Aga Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for
the State.
The present application under Section 482 Cr.P.C., has been filed
for quashing the proceedings of Case No. 247of 1992, Registrar of
Companies U.P.Kanpur Vs. Kehr Needles Private Limited and two
others, pending before learned Special Judicial Magistrate,
Kanpur.
Learned counsel for the applicants has contended that the
applicants company is a registered company under the Companies
Act, 1956 having its office/factory at B-3 Amawa Road, Industrial
Area, Rai Bareilly and its factory was established with the
financial assistance of U.P.Financial Corporation and as the
applicants company could not repay the financial assistance to the
U.P.Financial Corporation, the factory premises was sealed in the
year 1982, on account of which, annual return of the company
could not be filed and as such the proceedings under the various
provisions of the Companies Act had been initiated against the
applicants before the Special Judicial Magistrate, Kanpur for non-
compliance of provisions of Companies Act.
The present application under Section 482 Cr.P.C., has been filed
by the petitioner relying on the notification dated 16th September,
1982 whereby the jurisdiction of all the Companies, under the
Companies Act was conferred before the Special Judicial
Magistrate, District Allahabad and it is thus, argued that the
proceedings pending before the Special Judicial Magistrate,
Kanpur is without jurisdiction.
Vide order dated 08.09.1993, notice was issued and proceedings
pending before learned Special Chief Judicial Magistrate, Kanpur
was stayed. Thereafter counter affidavit was filed on behalf of
opposite party no.2, which is on record and in para 8 of the said
counter affidavit, it has been stated that as per Notification No.
1764A/VII-A.N. 707/87 dated 7th August, 1987, the Special Chief
Judicial Magistrate, Kanpur has got exclusive jurisdiction to try
the present case and that said notification has been annexed as
Annexure-CA1 to counter affidavit.
Learned counsel for the applicant does not dispute the said
averments as contained in para 8 of the counter affidavit and no
rejoinder affidavit has been filed till date.
In view of the notification dated 7th August, 1987, as the learned
Special Chief Judicial Magistrate, Kanpur has been conferred with
the jurisdiction, accordingly, the present application is devoid of
merits and is hereby dismissed.
Interim order dated 08.09.1993 stands vacated.
No order as to costs.
Registrar General of this Court is directed to serve the certified
copy of this order before the concerned Court below.
Order Date :- 27.7.2010
S.Ali