At, High Court of Rajasthan Jaipur Bench
By, THE HONOURABLE MR. JUSTICE PANKAJ BHANDARI
For the Appearing Parties: Sneha Dabla, Abhas Chaudhary, Suruchi Kasliwal, Mukesh Kr Meena, F.R. Meena, Advocates.
1. The matter comes upon an application filed by the petitioners for extension of the interim stay order.
2. With the consent of the parties, the matter is finally heard.
3. Petitioners have preferred this Criminal Misc. Petition seeking quashing of order of cognizance dated 18.08.2004 passed by Special Court Additional Chief Judicial Magistrate (Economic Offenses) vide which Court has taken cognizance of offence under Sections 209A(5), punishable under Section 209A(8) of the Companies Act.
4. It is contended by counsel for the petitioners that in the complaint, it is alleged that the premises of the Company was inspected by the Registrar of Companies on 20.05.2003. Record of the Company was not available at the Registered Office. The Apex Court vide Judgment and Order dated 13.02.1996 had handed over the premises to the Rajasthan Pollution Control Board. Counsel for the petitioners has drawn my attention to "Indian Council for Enviro-Legal Action & Ors. vs. Union of India & Ors., (1996) 3 SCC 212".
5. It is contended that since petitioners were not having the possession of the books and accounts and other documents as possession was taken over by Rajasthan Pollution Control Board in pursuance of the directions of the Apex Court in Indian Council for Enviro-Legal Action & Ors. vs. Union of India & Ors. (Supra), the order of cognizance is bad in Law.
6. Counsel for the Registrar of Companies has opposed the misc. petition. It is contended that there is a violation of Section 209A(5) of the Companies Act which is punishable under Section 209A(8) of the Companies Act.
7. I have considered the contentions and have gone through the record.
8. The Company has gone into liquidation and Official Liquidator has been appointed. Company was sealed on directions of the Apex Court in Indian Council for Enviro-Legal Action & Ors. vs. Union of India & Ors. (Supra) and the possession was handed over to Rajasthan Pollution Control Board. The Company was thus not having the books and accounts and other documents at the relevant time when it was inspected by the Registrar of Companies. No offence un
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der Section 209A(5) of the offence is made out. 9. In view of the above, misc. petition is allowed. Order of cognizance is quashed. Proceedings pending before the Court below is quashed. 10. Stay application stands disposed.