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2012 (4) TMI 45 - DELHI HIGH COURTRegistrar of Companies (ROC) received a complaint regarding the affairs of M/s. Tianjin Tianshi India Pvt. Ltd. (the Company) being irregular and illegal - a report was sent by ROC to the Central Government in terms of section 234 (6) of the Act seeking advice for prosecution of company u/s 234 of the Act - It was submitted that the alleged offences being punishable with fine only, the limitation of taking cognizance under Section 468(2) Cr.PC was six months - It was submitted that the alleged offences being punishable with fine only, the limitation of taking cognizance under Section 468(2) Cr.PC was six months - There is no dispute with regard to the proposition of law that the powers of this Court under Section 482 Cr.PC were to be exercised sparingly and in exceptional circumstances where there appeared to be glaring injustice or manifest error committed by the trial court Regarding non-issuance of notice under Section 234 of the Act to the petitioners, it is seen that ROC issued a letter dated 24.2.2004 to the company to enquire about its affairs - the contention of the petitioner that cognizance by the Trial Court was barred by the limitation, the Trial Court record must be perused - The period of limitation for taking cognizance of the offences commences when the knowledge of the commission of offence is gained by the prosecuting agency - Held that: present offence arises out of a failure to comply with the statutory rule and such liability will continue until the requirement is complied with - Petition is allowed
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