IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.MC.No. 1897 of 2011() ------------------------- ST.1300/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES),ERNAKULAM .................... PETITIONER(S): 2ND ACCUSED IN S.T.1300/2008: -------------------------------------------------------------------------- A.VINOD,AGED 43 YEARS, S/O.MR.ARAVINDAKSHAN PILLAI,PARAT HOUSE,ALUVA ERNAKULAM ROAD,ERNAKULAM DISTRICT,PIN-683 101. BY ADVS. SRI.SHAJI CHIRAYATH, SMT.JIJI M. VARKEY RESPONDENT(S): COMPLAINANT IN S.T.1300/2008:1ST ACCUSED: -------------------------------------------------------------------------------------------------- 1. ASSISTANT REGISTRAR OF COMPANIES KERALA, COMPANY LAW BHAVAN,BMC ROAD,THRIKKAKARA, KAKKANAD,ERNAKULAM DISTRICT,PIN-682 021. 2. HARIPRASAN PLASTIC GRANULES PRIVATE LTD, 5/94,INDUSTRIAL DEVELOPMENT AREA,MUPPATHADAM POST, EDAYAR,ALANGAD BLOCK,ALUVA,ERNAKULAM DISTRICT, PIN-682 021. 3. STATE OF KERALA,REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTIONS,HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SRI.SUNNY XAVIER, CGC R3 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2011 ALONG WITH CRMC.NO.1898 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1897/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE COMPLAINT IS SUMMARY TRIAL NO.1298 OF 2008 ON THE FILES OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES)ERNAKULAM DTD. 18/06/2005. ANNEX.2: COPY OF THE CERTIFICATE OF INCORPORATION OF 2ND RESPONDENT COMPANY DTD. 04/07/2002. ANNEX.3: COPY OF THE MEMORANDUM OF ASSOCIATION OF 2ND RESPONDENT COMPANY DTD. 21/06/2002. ANNEX.4: COPY OF THE ARTICLES OF THE ASSOCIATION OF 2ND RESPONDENT COMPANY DTD. 21/06/2002. ANNEX.5: COPY OF THE APPOINTMENT OF DIRECTORS IN FORM 32 PURPORTEDLY UNDER SECTION 303(2) OF COMPANIES ACT BY 2ND RESPONDENT COMPANY DTD. 21/06/2002. ANNEX.6: COPY OF THE APPOINTMENT OF PETITIONER AS DIRECTOR IN FORM 32 PURPORTEDLY UNDER SECTION 303(2) OF COMPANIES ACT BY 2ND RESPONDENT COMPANY DTD. 25/01/2006. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.1897 and 1898 of 2011 --------------------------------------- Dated this 27th day of June, 2011 ORDER Petitioner is the second accused in S.T.No.1300 of 2008 and 1299 of 2008 of the Court of learned Additional Chief Judicial Magistrate (Economic Offences) (for short, "the ACJM”) for offences punishable under the Companies Act (for short, "the Act”) for alleged failure to submit annual return, balance sheet and profit and loss account etc for the relevant period. Learned ACJM took cognizance of the offences on a complaint preferred by the first respondent. According to the first respondent, petitioner is an officer in default as mentioned in Secs.2(31) and 5 of the Act. Petitioner contends that he is not an officer in default and that he was not required to file any such statement or return as the case may be. It is also submitted by learned counsel that summons to the first respondent is not so far served. 2. These cases are of the year 2008 and these criminal miscellaneous cases are filed only in June 2011. It is open to the petitioner to raise appropriate plea/defence before learned ACJM. If there is inordinate delay in service of summons on the first accused, it is open to the petitioner to request learned ACJM to Crl.M.C.Nos.1897 and 1898 of 2011 -: 2 :- proceed with the case against him if such a course is possible. 3. I do not find reason to interfere with the matter at this stage. It is open to the petitioner to raise all his plea/defence before learned ACJM. I make it clear that it is also open to the petitioner to request learned ACJM to grant him exemption from personal appearance on showing appropriate reasons thereof. With the above direction these criminal miscellaneous cases are disposed of. (THOMAS P JOSEPH, JUDGE) Sbna/-