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2018 (12) TMI 961 - Tri - Companies LawCompounding of the offence under Section 441 of the Companies Act, 2013 - whether this Tribunal has jurisdiction to consider this application? - Held that:- Applicant alleged to have committed the offence under Section 165(1) and 165(3) of the Companies Act, 2013 within jurisdiction of Special Judge (Commercial Court) Bangalore. Ld. Special Judge at Bangalore is dealing with criminal case against the applicant. This Tribunal cannot get jurisdiction to consider the application for compounding of the offence against the applicant only because he shifted registered offices of some of his companies from Bangalore to Kolkata. This application for compounding of the offence for which trial is pending before Special Judge (Commercial Court) Bangalore is not maintainable before this Tribunal at Kolkata. Apart form above, this application is not maintainable for other reasons. Section 3(a) of Section 441 states that every application under this Section shall be made to the Registrar who shall forward the same together with his comments to the Tribunal. In this case, this application is filed before this Tribunal by the applicant only and it has not been forwarded by the ROC. Sub-Section 6(a) of Section 441 of the Act also makes it clear that any offence which is punishable under this Act, with imprisonment or fine or both shall be compoundable with permission of the Special Court. In this case, no such permission from the Special Court is on record. For this reason also, the application is not maintainable.
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