YERRAM VIJAY KUMAR versus THE STATE OF TELANGANA & ANR.

Case summary from SCR

Issue for Consideration Whether cognizance of the alleged offences u/ss.448 and 451, Companies Act, 2013 could have been taken on a private complaint in view of the statutory scheme of the Companies Act and if not, whether the criminal proceedings must be quashed in respect of those sections; if offences u/ss.448 and 451, Companies Act ought to be quashed, would the criminal proceedings also have to be quashed in respect of the offences under the IPC in light of the provisions as contained in s.436(2), Companies Act; whether continuation of the criminal proceedings would amount to abuse