Heard learned advocate for the petitioner in each of the petitions and it is submitted that perusal of the complaint filed by the complainant before the learned Magistrate on which order under Section 156(3) is issued, reveal about transactions undertaken by the petitioner and other co-petitioners pursuant to authority conferred upon them by a resolution passed by the Board where the complainant was a signatory. Besides, the nature of transaction and pendency of Civil Suit at this stage, prima facie, would reveal that exercise undertaken by the petitioner and other co-petitioners was within the frame work of the Companies Act and Rules. At the same time order of investigation under Section 156(3) by the impugned order, prima faice, it appears the learned Magistrate has not considered all the above relevant aspect and has mechanically passed the order.
Considering the above, a case is made out at this stage to issue notice to respondents returnable on 14.2.2012.
Meanwhile there shall be ad-interim relief against further investigation qua the impugned order passed by learned Magistrate and and FIR registered accordingly.
Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top