Madras High Court
M/S. Dalmia Bharat Ltd vs The Registrar Of Companies on 24 August, 2021
CRL.O.P.No.14660 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :24.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.14660 of 2021
M/s. Dalmia Bharat Ltd.
(Formerly known as Odisha Cement Ltd.),
Rep by its Authorized Signatory Mr. Deepak ... Petitioner
Versus
The Registrar of Companies,
Shastri Bhawan II Floor,
Block V & VI,
26 Haddows Road,
Chennai – 600 006. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, praying to direct the Learned Additional
Chief Metropolitan Magistrate, Economic Offences – II, Egmore,
Chennai to grant certified copies of the complaint along with supporting
documents filed in CC Nos. 95 to 103 of 2019.
Page No.1 of 8
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CRL.O.P.No.14660 of 2021
For Petitioner : Mr. A. Ramesh Senior Counsel
for Mr. P.J. Rishikesh
ORDER
(This case has been heard through video conference)
This Criminal Original Petition has been filed seeking a direction
directing the learned Additional Chief Metropolitan Magistrate,
Economic Offences-II, Egmore Chennai to grant certified copies of the
complaint along with documents filed in C.C.Nos.95 to 103 of 2019.
2. The contention of Mr.A.Ramesh, learned senior counsel
appearing for petitioner is that the petitioner is one of a leading cement
manufacturers in India and a listed company, listed on the National Stock
Exchange and the Bombay Stock Exchange. The petitioner has been
complying with all the required statutory and regulatory provisions of the
Companies Act, 2013. The petitioner was surprised to receive seven
summons from the lower court. From the summons, it is understood that
the respondent preferred a private complaint against the petitioner and
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CRL.O.P.No.14660 of 2021
the next date of hearing was 11.05.2021. The summons was not
accompanied with the copy of complaint as required under Section 204
(3) of Crl.P.C. The complaint has been instituted, otherwise on a police
report. Thereafter, there was lock down in view of second wave of
Covid-19 pandemic.
3. Mr. A.Ramesh, learned senior counsel appearing for petitioner
would further submit that the authorised signatory Mr. Deepak of the
petitioner company appeared and filed a copy application in C.A.
No.4067 of 2021 on 01.07.2021 before the lower court seeking for copy
of complaint in E.O.C.C.No.95 of 2019. Thereafter, the copy application
was returned on 05.07.2021 with an endorsement as follows :-
“Accused/petitioner so far not appeared before this court.
Hence, how the petition is maintainable.”
On 07.07.2021, the returned copy application was represented giving
explanation and also referring to the judgment of this Court reported in
1998 Cri.LJ 1959. Further, reiterating the submissions that under Section
204(3) of Cr.P.C. and under Rule 7 of Criminal Rules of Practice, even
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CRL.O.P.No.14660 of 2021
when the other accused did not appear in the cases arising out of a
private complaint, the copy application to be entertained and copies to be
furnished. Though along with the citation copy application represented
on 07.07.2021, thereafter on 08.07.2021, the lower court rejected the
same for the following reasons :-
“While represented, it has been stated that copy of the
complaint has not been received by the petitioner/accused
along with the summons. If so, petitioner/accused has to
appear before the court on the hearing date and has to receive
copies. Perusal of court records would show that neither the
petitioner nor other accused have appeared before the Court.
Petitioner/accused is not entitled for certified copy of
complaint prior to appearance before the Court. Hence,
returned.”
In view of the same, learned senior counsel would submit that there have
been numerous judgments of this court holding that along with
summons, as per Section 204(3) of Cr.P.C., the copies of complaint shall
be sent to the accused. Further placing reliance on the Apex Court
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CRL.O.P.No.14660 of 2021
Judgment in the case of Prakash Gupta vs. Securities and Exchange
Board of India reported in 2021 SCC OnLine SC 485, in which it is
held that at the earliest point of time, compounding of offence to be
made. In this case, the petitioner only on receipt of the copy of complaint
and going through the same, a decision to be taken to compound the
offence and further complaint is filed by the Registrar of Companies for
some violation of procedures and rules under company law, which are
technical offences and compoundable. The Lower Court insisting upon
the presence of the petitioner and other accused is unreasonable on the
facts of the case. Further, they are aged persons, aged about 75 years.
4. Heard the submissions of learned Senior Counsel appearing for
petitioner and perused the materials available on record carefully.
5. Considering the submissions and on perusal of materials, it is
seen Section 204(3) of Crl.P.C. is very specific that along with the
summons, the copy of the complaint shall be accompanied, which this
Court had time and again reiterated. Further, as per Section 25(4) of
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CRL.O.P.No.14660 of 2021
Criminal Rules of Practice, where a private complaint is filed before the
concerned court, it shall be accompanied as many copies of complaint
and relied upon the document as similar to the number of accused in the
case. This is for the purpose that each of the accused to be furnished with
the copy of complaint and documents. Further, as per Sec. 29(3) of
Criminal Rules of Practice, where proceedings have been initiated upon
a complaint by a public servant, the complaint shall accompany the
summons. In this case, the Registrar of Company, a Public Servant has
lodged a complaint. In view of the same, this Court finds that rejection of
copy of complaint by the learned Addl. Chief Metropolitan Magistrate,
E.O.II, Egmore, Chennai is not proper. In view of the same, the
petitioner is entitled for a copy of the complaint as per Section 204(3) of
Cr.P.C. The Trial Court is directed to furnish the petitioner with the copy
of the complaint. The petitioner to resubmit the returned copy
application or file a fresh copy application to the Trial Court, who shall
furnish the same.
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CRL.O.P.No.14660 of 2021
6. With the above direction, this Criminal Original Petition is
disposed of.
24.08.2021
Index: Yes/No
Internet: Yes/No
rpp/rgi
Note : Issue order copy on 25.08.2021
To
The Registrar of Companies,
Shastri Bhawan II Floor,
Block V & VI,
26 Haddows Road,
Chennai – 600 006.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.14660 of 2021
M.NIRMAL KUMAR, J.
rpp/rgi
CRL.O.P.No.14660 of 2021
24.08.2021
https://www.mhc.tn.gov.in/judis/
