D.B. NEGANDHI Vs. REGISTRAR OF COMPANIES E WING

JUDGEMENT

(1.) PETITIONER , who is accused No. 3 in CC. No. 684/2006 pending on the file of Spl. Court of Economic Offences, Bangalore, has sought for quashing of the said criminal case against him filed by the Registrar of Companies, Bangalore, for the offence punishable under Section 220 of the Companies Act.

(2.) I have heard the arguments of learned counsel for the petitioner. The respondent's counsel remained absent.

(3.) LEARNED counsel for the petitioner contended that the petitioner was only a director and not the authorized compliance director. Therefore, the director cannot be prosecuted for non -compliance of Section 220 of the Act, as the Director does not come under the said provision, as Section 220(3) only says that every officer of the company who is in default, shall be liable to punishment under the said provision.