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2008 (7) TMI 590 - HIGH COURT OF RAJASTHANJudgment of acquittal challenged - Held that:- A bare perusal and scrutiny of impugned judgment dated 9-8-2002 passed by trial Court it is clear that the learned trial Court in the impugned judgment has decided two points; firstly, that the complaint has been filed by the authorized person under section 621 of the Companies Act, 1956 and secondly, that offence under section 220(3) of the Companies Act is a continuous offence and is not hit by provisions of section 468 Cr. P.C. but the trial Court while passing the impugned judgment of acquittal has held that PW-1 Shiv Prakash Rawat is not an authorized person. The statement of complainant Bhoolan Singh was not recorded because he has not been submitted as a witness by the prosecution but a bare perusal of section 200 Cr. P.C. would clearly reveal that there is no need of the complainant to appear before the Court if any person authorized by him appears on his behalf. Accordingly, the criminal appeal filed by the appellant Union of India is allowed and the impugned judgment of acquittal dated 9-8-2002 passed by learned Special Judicial Magistrate, (Economic Offence) Jaipur City, Jaipur in case No. 137/2002, is quashed and set aside and a fine amounting to ₹ 5,000 is imposed upon the accused respondents for committing the offence punishable under section 220(3) of the Companies Act, 1956
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