A.V. MOHAN RAO AND ANR. versus M. KISHAN RAO AND ANR.

A.V. MOHAN RAO AND ANR. versus M. KISHAN RAO AND ANR.

The allegations in the complaint, read as a whole, disclose a prima facie commission of serious offences under Sections 60, 63, 68 and 68-A read with Section 621 of the Companies Act, 1956. The issues concerning jurisdiction and citizenship and whether acts occurred outside India are matters of fact requiring evidence and cannot be adjudicated at the stage of quashing; hence, power under Section 482 Cr.P.C. for quashing cannot be exercised at this preliminary stage.

Parties
Appellant: A.V. Mohan Rao; Respondent: M. Kishan Rao
Jurisdiction
India
Judgment Date
16 July 2002
Procedural Posture
Civil Appeal / Appeal Against Order Dismissing Petition for Quashing Under Section 482 Cr.p.c.
Outcome
Appeal dismissed
Legal Topics
Quashing of Criminal Complaint, Jurisdiction of Indian Courts for Offences by Citizens Abroad, Offences Under Companies Act, Power Under Section 482 Cr PC
Criminal Law Company Law Procedural Law Quashing of Criminal Complaint Jurisdiction of Indian Courts for Offences by Citizens Abroad Offences Under Companies Act Power Under Section 482 Cr PC

Case Brief

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Parties

A.V. Mohan Rao

Appellant

M. Kishan Rao

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order Dismissing Petition for Quashing Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether complaint and criminal proceedings under Companies Act can be quashed at preliminary stage under Section 482 Cr.P.C.
  2. 2 Whether the allegations make out prima facie case of offence under Companies Act, 1956
  3. 3 Whether Indian courts have jurisdiction over alleged offences by citizens/non-citizens committed outside India

Ratio Decidendi

The allegations in the complaint, read as a whole, disclose a prima facie commission of serious offences under Sections 60, 63, 68 and 68-A read with Section 621 of the Companies Act, 1956. The issues concerning jurisdiction and citizenship and whether acts occurred outside India are matters of fact requiring evidence and cannot be adjudicated at the stage of quashing; hence, power under Section 482 Cr.P.C. for quashing cannot be exercised at this preliminary stage.

Court Disposition

Appeal dismissed

Orders

  • High Court's order declining to quash the complaint and proceedings under Section 482 Cr.P.C. affirmed.