IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Crl.MC.No. 949 of 2005() ------------------------ ST.NOS.235,236,237,238,239&240/2004 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER/ACCUSED: ------------------------ G.S. SAJIKUMAR, S/O. GOPINATHAN NAIR, "SANTHI NILAYAM", NAVAIKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.MANOJ R. NAIR RESPONDENTS/COMPLAINANT&STATE: ------------------------------------------ 1. THE ASSISTANT REGISTRAR OF COMPANIES (KERALA) M.G. ROAD, ERNAKULAM, COCHIN-682 011. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, BY ADV. SRI.JOHN VARGHESE, ASSISTANT SOLICITOR GENERAL PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.3226/2005 IN CRL.M.C.NO.949/2005 DISMISSED 25.08.2008. SD/= V. GIRI, JUDGE. /TRUE COPY/ cl V. GIRI, J. --------------------------------- CRL.M.C.NO.949 OF 2005 ------------------------------------- Dated this the 25th day of August, 2008. O R D E R The second accused in S.T.Nos.235,236,237,238,239 and 240/2004 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, is the petitioner herein. He seeks to quash Annexure A1 series of complaints filed by the Assistant Registrar of Companies against Penguin Rubbers P. Ltd and two of its Directors including the petitioner herein under Section 220(3) of the Companies Act. The allegation is that there was a willful default on the part of the accused in filing the statutorily prescribed returns and therefore they have rendered themselves liable for the offence under Section 162 of the Companies Act. 2. I do not find any ground to quash the proceedings before the learned magistrate. The offence involved is one prescribed under the Companies Act. The petitioner does not have a case that the returns were actually filed. The petitioner contends that there was a fire mishap and the records maintained in the company's office were destroyed. 3. The question as to whether there was willful default on the Crl.M.C.No.949/05 . 2 part of the Directors might be relevant before the learned magistrate in the matter of imposition of sentence. The proceedings are not rendered illegal for such reason. For all these reasons, I do not find any ground to interfere with the proceedings before the Additional Chief Judicial Magistrate. The Crl.M.C is accordingly dismissed, but I make it clear that I have not considered any of the contentions of the petitioner on merit and he will be free to urge them before the trial court. V. GIRI, JUDGE. cl Crl.M.C.No.949/05 . 3