IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.Rev.Pet.No. 212 of 2001() ----------------------------- AGAINST THE ORDER DATED 15/11/2000 IN CRMP 6064/2000 IN ST.432/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O) COURT,ERNAKULAM .................... REVN. PETITIONERS/ PETITIONER/ACCUSED ------------------ 1. M/S.KHADERS INTERNATIONAL CONSTRUCTIONS LIMITED, MEHER, ALAPPAT CROSS ROAD, ERNAKULAM, COCHIN - 682 015. 2. SHRI.M.A.ABDUL KHADER, MEHER, ALAPPAT CROSS ROAD, ERNAKULAM, COCHIN 682 015. 3. SMT.MEHERUNNISA BEGUM, W/O.M.A.ABDUL KHADER, MEHER, ALAPPAT CROSS ROAD, ERNAKULAM, COCHIN 682 015. BY ADV. SRI.A.M.SHAFFIQUE RESPONDENT/RESPONDENT/COMPLAINANT: -------------------- THE REGISTRAR OF COMPANIES, KERALA, M.G.ROAD, ERNAKULAM, COCHIN 682 011. BY ADV. SRI.JAYAPRADEEP. V., ADDL.CGSC FOR R THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/06/2008, ALONG WITH CRL.R.P.Nos. 213, 214, 215, 258, 259, 260, 261, 262 OF 2001, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.NO.212/2001 ORDER ON CRL.M.P.NO.924/2001 IN CRL.R.P.NO.212/2001 DISMISSED 3.6.2008. SD/- A.K.BASHEER, JUDGE. //TRUE COPY// PA TO JUDGE A.K.BASHEER, J. ------------------------------------------------- CRL.R.P.No.212, 213, 214, 215, 258, 259, 260, 261 & 262 OF 2001 ------------------------------------------------- Dated this the 3rd day of June, 2008 O R D E R ~~~~~~~ Petitioners, who are respectively a Public Limited company and two of its Directors, have preferred these revision petitions challenging the order passed by the trial court dismissing the applications filed by them under Section 633 of the Companies Act, 1956. The above applications were filed by the petitioners who were arraigned as accused in the complaints filed by the Registrar of Companies. 2. It was contended by the petitioners that they were not liable to be prosecuted at all for the offences alleged against them. In the complaint, the complainant/ Registrar had alleged that the Company and its Directors had failed to submit the annual returns and balance sheet, and thus committed default as contemplated under Section 220 (1) & (2) and 159 of the Companies Act, warranting their prosecution. However, according to the petitioners, even assuming the Company was bound to submit the annual returns and balance sheet, the Crl.R.P.No.212/2001 & connected cases 2 Directors were in no way liable to be prosecuted for the alleged failure. It was contended by them that they were relieved of all penal proceedings and exempted from filing the returns. 3. Heard learned counsel for the parties and perused the materials available on record. It is contended by the learned senior counsel that petitioners cannot be prosecuted in view of the order passed by this Court in C.P.No.11/1991 (Annexure A). However, he submits that the Company (accused No.1) is prepared to remit the fine, if any, for the alleged failure. The above submission is recorded. 4. It is brought to my notice that petitioner No.2 in these petitions who is one of the two Directors is no more. Therefore, the charge against him in these complaints shall stand abated. 5. In the peculiar facts and circumstances and also in view of Annexure A order passed by this Court, the order passed by the Court below on the application under Section 633 of the Companies Act are set aside. The proceedings against petitioner Crl.R.P.No.212/2001 & connected cases 3 No.3 in the complaints pending before the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam, in ST.No.432/99, 435/99, 434/99, 433/99, 431/99, 427/99, 430/99, 429/99 & 428/99 are quashed. 6. Petitioner No.1 shall appear before the trial Court through its authorised agent or representative on 21st August, 2008. 7. The court below shall dispose of the cases, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this order. The Criminal Revision Petitions are allowed to the above extent. (A.K.BASHEER, JUDGE) ps Crl.R.P.No.212/2001 & connected cases 4 A.K.BASHEER, J. ------------------------ CRL.R.P.No.212, 213, 214, 215, 258,259, 260,261 & 262 OF 2001 ------------------------------ O R D E R DT.3.6.2008