IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Crl.MC.No. 1215 of 2009(B) ---------------------------------- ST.361/2001 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): COMPLAINANT: ----------------------------------------------- REGISTRAR OF COMPANIES, KERALA COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, ERNAKULAM - 682 021. BY ADV. SRI.A.P.SUBHASH SRI.P.K.RAVISANKAR RESPONDENT(S): STATE AND ACCUSED 1 TO 3: ------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KERALA GRANITE EXPORTS LIMITED, REP. BY ITS BOARD OF DIRECTORS, CHERUVATHUR BUILIDNG, MARKET ROAD, NORTH END, ERNAKULAM. 3. RAMANUJAN, NEDUMPALLIL PUTHEN VEEDU, KARINGAMATHURUTHY, KONGORPILLY (VIA). 4. O.J. XAVIER, OLIKUZHYKARIKATHU HOUSE, POOZHIKKOL.P.O, KADATHURUTHY VIA, KOTTAYAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR R3 & R4 BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN FOR R3&R4 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: mns M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1215 OF 2009 ------------------------------------------ Dated 20th November 2009 O R D E R S.T.361/2001 was taken cognizance by Additional Chief Judicial Magistrate (Economic Offences), Ernakulam on Annexure- A complaint filed by the petitioner Registrar of Companies, Kerala for the offence under sections 220(1) and (2) of Companies Act and punishable under Section 220(3) of the Act. Accused, at the defence evidence stage filed Annexure-B petition to issue summons to the Registrar of Companies, Kerala and Superintendent of the Registrar of Companies. By Annexure-D order learned Magistrate allowed the petition as follows. “Heard both sides. Petition allowed.” Petitioner who was not the Registrar at the time when the accused intimated his alleged resignation from the company, filed Annexure-G petition (Crl.M.P.1345/2009) for permitting Assistant Registrar of Companies to be examined instead of the Registrar. By Annexure-I order learned Magistrate dismissed the petition. As Crmc 1215/09 2 the petitioner did not appear on 28/3/2009, Annexure-J order was passed issuing bailable warrant against the petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexures-D, I, and J orders. 2. Learned counsel appearing for the petitioners and respondents 3 and 4 were heard. 3. Though Annexure-B order does not show the reason why Annexure-B petition was allowed, learned counsel appearing for respondents 3 and 4 submitted that the witnesses are to be examined to prove that respondents 3 and 4 intimated the Registrar of Companies their resignation from the Directorship of the company and to prove that fact his evidence is necessary. 4. Learned counsel appearing for the petitioner pointed out that when respondents 3 and 4 allegedly resigned from the Directorship of the company, the Registrar of Companies was not the present Registrar who was summoned by the learned Magistrate. This fact is not disputed. In such circumstances, I find no necessity to examine the present Registrar of Companies who cannot give evidence with regard to that Crmc 1215/09 3 fact. Petition is allowed. Annexure-D order summoning the petitioner, the Registrar of Companies and consequential order Annexure-I order refusing to grant permission to examine Assistant Registrar and Annexure-J order to the extent of issuing bailable warrant as against the petitioner are quashed as sought for by the petitioner in Annexure-G petition (Crl.M.P.1345/2009). Learned Magistrate is directed to examine Assistant Registrar of Companies as submitted by the learned counsel appearing for the respondents 3 and 4. Petitioner submitted that the Assistant Registrar of Companies will appear before the court on getting summons, to give evidence. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.