SANKAR ACHARYYA,J. - (1.) These two revisional applications have been heard simultaneously as both the revisional applications are based on same state of facts and parties in both the cases are same. Therefore, both the revisional applications are taken together for disposal in this composite judgment. the petitioners have challenged the order dated 01/01/2009 passed by Learned Chief Judicial Magistrate, Alipore, South 24 Parganas in Case No. C - 5562/2009. The petitioners have also prayed for quashing the said proceedings. Similarly, the petitioners have challenged the order dated 01/01/2009 passed by Learned Chief Judicial Magistrate, Alipore, South 24 Parganas in Case No. C - 5563/2009. Petitioners have prayed for quashing the said proceedings also. One Swadhin Barua, Deputy Registrar of Companies, West Bengal has filed complaint against the petitioners of these revisional applications and others on 01/09/2009 under Section 628 of the Companies Act, 1956 in C- 5562/2009. Same complainant filed the complaint against the same accused persons under Section 68 of the Companies Act, 1956 in C - 5563/2009 in the Court of Learned Chief Judicial Magistrate, Alipore, South 24 Parganas. On plain reading of the said complaints, it is obvious that cause of action for filing both the complaints is same although Penal Sections of the offence as mentioned are different. For better understanding, the allegation of the said complaints is set out hereunder: "Complaint under Section 628 of the Companies Act, 1956. MOST RESPECTFULLY SHEWETH: That M/s South Asian Petrochem Limited (hereinafter referred to as "the Company") was incorporated in the State of West Bengal under the Companies Act, 1956 (hereinafter referred to as "the Act") on 05/06/1996 bearing Registration No. 21-79932 and having its registered office at Dhunseri House, 4A, Woodburn Park, Kolkata-700020.
(2.) That the Authorised Capital of the company is Rs. 2900000000/- and its Paid up share Capital is Rs. 2331385940/-.
(3.) That the accused No. 1 to 12 are the Directors/Officers of the Company at all relevant times.;