I am facing prosecution under 162(1) 220 (3)

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Nabakishor Mahapatra (Querist)
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26 December 2015 Dear Sir

I formed a public limited company (company limited by share) in 2008.But i was arrested in 2010 in a criminal case and was in jail from Dec'2010 till Dec'2015.When i came back from jail i was astonished to see my company listed as "COMPANY UNDER PROSECUTION" in MCA (Ministry Of Corporate Affairs) and i was charged under section 159/160/161/162(1)/220(1)/220(2)/220(3) in Additional Chief Judicial Magistrate(Special), Cuttack,Odisha

I dont have any idea regarding all these cases.Please guide me what I should do now and what procedure i should follow.Is there any imprisonment in these sections,

Kindly guide me....please

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Guest (Expert)

26 December 2015 Dear sir, That depends on the offence for which you have served imprisonment. If you have served imprisonment for company law related offence and the case is closed, there is nothing to worry. However, you will not be able to continue to be director. You may have to be reappointed as director after central government approval. However, if you have served imprisonment for any other offence, then we should know if ROC has initiated any case against you.

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