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HC dismissed petition under Criminal Code against cognizance taken for offence committed under CCI Act

April 3, 2019[2018] 104 43 (Delhi)

Competition Act : Where informant gave information under section 19(1)(a) to Commission alleging contravention of sections 3 and 4 by Films Distributors Association (FDA) of Kerala in which petitioner was then honorary General Secretary and on failure of petitioner to reply to notice sent by DG, Commission filed criminal complaints against petitioners on which Chief Metropolitan Magistrate (CMM) Delhi had taken cognizance of offences allegedly committed under section 42(3) and petitioners preferred petitions under section 482 of Code of Criminal Procedure, 1973 challenging said summoning orders, it was held that petitioner had raised questions of fact about extent of his responsibilities, ignorance, non-service of some of notices or processes, generally referring to cessation of his role as honorary Secretary of FDA after 30-10-2013. These questions of fact would need inquiry and scrutiny of evidence. Forum of section 482 Cr. PC is not correct one to embark upon such inquiry and, therefore, petitions could not be accepted

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