Supreme Court · 2012 INSC 60 · Decided 1 February 2012

Jik Industries Limited & ORS. v. Amarlal V. Jumani and Another

Court
Supreme Court of India
Citation
2012 INSC 60 · [2012] 3 S.C.R. 114
Case number
CRIMINAL APPEAL No. 263/2012
Decided
1 February 2012
Bench
A.K. GANGULY, J.S. KHEHAR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 320, 4(2), 4, 320(9); NI Act Section 138, 147, 141; Companies Act Section 391

Headnote

Code of Criminal Procedure, 1973: s.320- Compounding of offence - Whether sanction of a scheme u/s.391 of the Companies Act, 1956 amounts to compounding of an offence u/s. 138 read with s. 141 of the N. I. Act and whether such sanction has the effect of termination or proceedings under N. I. Act - Held: The effect of approval of a scheme of compromise and arrangement uls.391 of the Companies Act is that it binds the dissenting minority, the company as also the liquidator if the company is under winding up - A scheme u/s.391 of the Companies Act E does not

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