Sudip Ahluwalia, J. - (1.) In this matter the petitioner is a Company having its registered office in Kolkata. It has assailed the Order passed by the Ld. Chief Metropolitan Magistrate, Kolkata on 26th April, 2013 in complainant Case No. C/14214 of 2013, for commission of the alleged violations of Ss. 117A & 117C (4) (5) of the Companies Act, 1956, as also offences punishable U/Ss. 24 and 27 of the Securities and Exchange Board of India Act, 1992 (referred to hereafter as the SEBI Act). It has also prayed for quashing of the proceedings arising out of the aforesaid complaint case filed on behalf of the Securities and Exchange Board of India through its Assistant General Manager.
(2.) It may be mentioned that during pendency of the Revision, an application had been filed on behalf of the Directorate of Enforcement for being added as a party in the proceeding. But the same was disposed off with a liberty to the applicant to approach the Ld. Court below at an appropriate stage if the pending complaint survived after disposal of the Revisional application.
(3.) It has been urged on behalf of the petitioner that neither the allegations in the petition of complaint disclose any offence per se, nor there is any veracity in those allegations. Besides, the Ld. Trial Court did not hold the complete enquiry in terms of Sec. 202 of the Cr.P.C before issuance of process. It has also been asserted that the complainants were incompetent to lodge any complaint in respect of the offences covered under the Companies Act, 1956, and even the SEBI Act, 1992, and that the Ld. Trial Court also lacked jurisdiction to entertain the same, and so continuation of the proceedings would clearly be an abuse of the Court's process.;