can a company which is struck off by ROC file criminal complaint?

[anand malik]

the company was struck off in 2007 due to non filing of returns at REGISTRAR OF COMPANIES , can such company file a criminal complaint for trespass and theft even if such company has not filed any returns since 2000 .

[Dr. Ashok Dhamija]

It is a basic principle of criminal law that generally the FIR can be filed even by a stranger, who knows about the commission of a cognizable offence.

Section 190 of the Criminal Procedure Code also clearly mentions that cognizance of an offence may be taken by the Magistrate on the basis of information received from any person.

If the company does not exist any more (since it has been struck off the records, as you have mentioned), then it is no more recognized in law and is not a “legal person”. But the complaint about the theft and criminal trespass can be filed by any person who is personally aware of the commission of these offences. It is not necessary that only the company should file such FIR.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[anand malik]

Thanks so much sir , it really helps

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