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Supreme Court Bars Cognizance of Private Complaints for offences under Sections 448 and 451 of the Companies Act

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The respondent no.2 and the appellants were in a commercial relationship and the inception of the dispute is the control over the company.  The appellants filed civil suit for injunction and also company petition challenging their removal.

Quashing of Criminal Complaint for offences under Sections 436, 448 and 451 of the Companies Act – Bar of Section 212(6) of the Companies Act

whether the offence under Section 448 of the Companies Act is an ‘offence covered under Section 447’ of the Companies Act as mentioned in the Section 212(6) of the Companies Act, which would then attract the bar against taking cognizance under the second proviso to Section 212(6) of the Companies Act.

HELD that the Special Court has been permitted to take cognizance only on a complaint in writing by the Director of SFIO.

Judgment dated 9.1.2026 of the Supreme Court of India in SLP (Criminal) No.11530 of 2024 of Yerram Vijay Kumar   Vs.  State of Telangana and another.

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