- (1.) J.R.Gangwani and Kumar Gangwani, the petitioners by way of this petition brought under the provisions of section 482 Cr.P.C. seek quashing of complaint No.170/2011 dated 14.3.2011 (Annexure P7) pending in the court of Judicial Magistrate Ist Class, Gurgaon for an offence punishable under section 66A of the Information Technology Act, 2000 (for short, "the Act") and the summoning order dated 26.5.2011 (Annexure P10) passed therein.
(2.) M/s Avon Cranes Private Limited (for short "the Company"), a company incoporated under the Companies Act, 1956 has C.S.Bhojwani, J.R. Gangwani and Kuldeep Gangwani as its share holders. On account of some dispute between the share holders, the Company Law Board (for short, "the Board") before whom the dispute was brought, advised the share holders to explore the possibility of selling the company as a whole and to share the sale proceeds in accordance with their shareholdings. Vide Annexure P2, the Board noticed that the share holders/directors of the Company and M/s Avon Polyplast had agreed that within 10 days, the draft advertisement for sale of both the companies would be furnished by the share holders and the companies will place advertisement in leading news papers for sale within a month. It was also agreed that the advertisement shall be issued both in the names of the companies and their shareholding groups.
(3.) Annexure P3 is the advertisement published in the news paper.;