Registrar Of Companies vs Mr. Jayant Bhagawandas ..... Opposite ...
2025 Latest Caselaw 10847 Ori

Orissa High Court

Registrar Of Companies vs Mr. Jayant Bhagawandas ..... Opposite ... on 9 December, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLLP No.59 of 2008

                 Registrar of Companies, Orissa,        .....              Petitioner
                 Chalachitra Bhawan, Cuttack
                                                                Mr. P.K. Parhi, DSGI

                                                                Mr. J.N. Panda, CGC

                                             -versus-

                 Mr. Jayant Bhagawandas                 .....      Opposite Parties
                 Kapadia and others



                                     CORAM:
                       THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                   MOHAPATRA

                                             ORDER

09.12.2025 Order No.

11. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner. Perused the application as well as the prayer made therein.

3. By filing the present application under Section 378(4) of the Cr.P.C., the Petitioner has sought for leave to prefer an appeal against the judgment of acquittal dated 26.11.2007 passed in 2(c)CC Case No.289 of 2005 by the learned Addl. Chief Judicial Magistrate, (Special), Cuttack, thereby acquitting the Opposite Parties of the charges under Section 209 A (8) of the Companies Act.

4. On perusal of the of the impugned judgment, it appears that the Registrar of Companies initially filed a complaint case alleging violation of the provision contained in Section 209 A of the Companies Act implicating the Opposite Parties as accused persons. Accordingly, the trial took place. The learned trial Court by virtue of the impugned judgment dated 26.11.2007 found that the complainant has failed to prove its case. It has also been held that the accused persons either deliberately or intentionally did not cooperate with the inspection of their book accounts, though the complainant was not legally authorized by the Central Government to conduct inspection under Section 209 A (8) of the Companies Act. Accordingly, the learned trial Court has held that the accused- Opposite Parties were not guilty of the offences punishable under Section 209 A (8) of the Companies Act. On perusal of the impugned judgment, this Court observed that the learned trial Court has passed a detailed judgment taking into consideration the entire evidence that was collected during trial. Moreover, in the meantime close to two decades' have elapsed. Taking into consideration the exception circumstance of long delay, this Court is not inclined to grant leave at this stage.

5. Accordingly, the CRLLP application stands dismissed.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout

Location: High Court of Orissa, Cuttack