IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-42093 of 2007 Date of decision: 16th January, 2009 M/s Rollatainers Ltd. … Petitioner Versus Registrar of Companies, NCT Delhi and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the petitioner. Mr. Ashwani Bansal, Advocate for respondent No.1. KANWALJIT SINGH AHLUWALIA, J. (ORAL) No body was present on 1st December, 2008. Today again, nobody is present on behalf of the petitioner. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the complaint (Annexure P-1) and summoning order (Annexure P-2). A perusal of the complaint shows that Registrar of Companies and State of Delhi and Haryana had instituted complaint against the petitioner on the ground that petitioner has committed an offence under Section 58 AA(9) and 58A(10) of the Companies Act, 1956. Petitioner company was summoned by the Court of Additional Chief Judicial Magistrate, Faridabad for these offences. Counsel for the respondent has submitted that the accused Company has not refunded the amount of the Depositors till now. An averment has been made in the petition that under the orders of Company Law Board, on 24th November, 2004, re-schedulement of the payment has Criminal Misc. No. M-42093 of 2007 been ordered. According to the payment schedule, the repayment to Depositors is to be made within a period of 48 months from the start of the repayment. It has further been submitted that repayment was to start from 1st November, 2005. Therefore, petitioner Company had to repay the Depositors by 31st December, 2008. Mr. Ashwani Bansal has stated that till now, Depositors have not been paid as per the schedule of repayment. Disputed questions of fact are involved. No directions are warranted in a petition for quashing of complaint and summoning order under Section 482 Cr.P.C. Hence, there is no merit in the present petition and the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE January 16, 2009 rps 2