Criminal Misc. No. M-2176 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-2176 of 2009 Date of decision : 08.11.2010 S.C. Mehrotra ....Petitioner V/s Registrar of Companies, Punjab, H.P. & Chandigarh ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sudeep Mahajan, Advocate for the petitioner. Mr. Amit Rao, Advocate for Mr. S.K. Sharma, Advocate for the respondent. RAJAN GUPTA J. (ORAL) This is a petition under Section 482 Cr.P.C. seeking quashing of complaint under Section 301 of the Companies Act, 1956 (Annexure P-1) and the summoning order passed consequent thereto (Annexure P-8). A complaint was preferred by the Registrar of Companies wherein the petitioner was arrayed as accused No. 7. The allegation leveled was that the company and its Directors had committed an offence under the Companies Act, primarily that they had failed to maintain register of contracts as required under Section 301 of the Companies Act. On the allegation that petitioner had contravened Section 301 of the Companies Act, instant prosecution was launched against the petitioner, being one of its Director. Learned counsel for the petitioner has pointed out that at the relevant time for which the inspection was carried out by the Registrar of Criminal Misc. No. M-2176 of 2009 2 Companies, the petitioner was not the Director and is thus not liable to be prosecuted for contravention of Section 301 of the Companies Act, 1956. Learned counsel appearing for the respondent does not dispute the fact that petitioner was not the Director for the period for which the inspection was carried out. He further submits that matter in hand is covered by the judgment delivered by this court in CRM No. 19640-M of 2000. In view of the undisputed stand taken before this court that petitioner was not the Director for the relevant period for which the inspection was carried out by the Registrar of Companies, no question of contravention of Section 301 of the Companies Act arises qua the petitioner. Under the circumstances complaint as well as summoning order issued pursuant thereto deserve to be quashed. The same are hereby quashed. The petition is allowed in these terms. November 08, 2010 (RAJAN GUPTA) Ajay JUDGE