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2013 (10) TMI 948 - KERALA HIGH COURTProsecution for Offence u/s 97(3) of Companies Act – Held that:- The very fact that the petitioners have filed Form No.5 and remitted an amount towards fee and additional fee subsequent to Annexure-B judgment of the appellate court would conclusively reveal the factum of violation of statutory mandate - No case was brought out by the revision petitioners to find that the judgments suffer from palpable, perverse appreciation of evidence warranting interference with the conviction of the revision petitioners under Section 97 (3) of the Companies Act invoking the revisional jurisdiction of the court - the conviction entered against the revision petitioners calls for no interference and accordingly it was confirmed. Sentence Imposed u/s 97(3) - Whether the sentence imposed against the revision petitioners for the conviction under Section 97 (3) of the Act calls for interference – Held that:- On considering the circumstances and the failure of the revision petitioners to file Form No.5 for the increased share capital and also the failure to pay the fee and the additional fee, the appellate court while reducing the fine and directed the revision petitioners to pay a fine – The conviction of the revision petitioners under Section 97 (3) of the Companies Act was confirmed and the sentence imposed on the petitioner to pay fine was reduced and modified - the revision petition was allowed in part.
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