P&H: Refuses to Quash Complaint under Companies Act, as disputed factual issue should be decided at trial

punjab-haryana
⚖️ Order Date: 27 Oct 2026
Headnotes

Criminal Procedure Code, 1973, Ss.397(3), 482— Second revision petition - Maintainability - Second revision before High Court is barred u/s 397(3) Cr.P.C., but High Court’s inherent power remains available and is to be exercised sparingly where there is grave miscarriage of justice or abuse of process of...

Criminal Procedure Code, 1973, S.482, Companies Act, 1956, S.58-A(6) -- Quashing of complaint — Complaint filed u/s 58-A(6) of Companies Act - Balance sheet signed by company’s directors and chartered accountant and filed with statutory authority, disclosed acceptance of loans from relatives of directors by a public company and complaint...


Facts of the Case

P&H: Refuses to Quash Complaint under Companies Act, as disputed factual issue should be decided at trial

The Punjab and Haryana High Court has refused to quash a complaint against M/s Loil Continental Foods Ltd. and two of its directors over alleged acceptance of deposits in breach of the Companies Act, 1956. Justice Manisha Batra held that whether the company received the loans from directors alone or also from their relatives was a disputed factual issue that should be decided at trial.

The Registrar of Companies filed the complaint under Section 58A(6) of the Act after scrutiny of the company’s accounts showed unsecured loans of more than Rs 22 crore listed under the heading From Director &...

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