Penal Code, 1860–Secs. 405 & 420–Code of Criminal Procedure, 1973–Sec. 156(3)–Criminal Proceedings–Directions of Magistrate for calling the report u/s. 156(3)–Justification–Allegations against the company–Entire dispute pertains to the contractual obligation of parties and the complaint nowhere showing any intention of cheating–No personal role of appellant nos. 1 to 8–No specific allegation that they were looking after the management and business of the appellant-company–Dispute pertains to the years of 1993 to 1995 whereas the complaint was lodged in the year 2002–Respondent is trying to circumvent the jurisdiction of civil Court which estopped him from the proceedings on account of limitation–Former three complaints were had also been closed due to nature of civil dispute–Held, High Court should quash the proceedings.
