TMI Blog1948 (5) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... ference arises in the following manner: The opposite party, one Abdul Gafur, a shareholder in the Dhakeswari Cotton Mills, filed a complaint against the two petitioners in the Court of the Sub-Divisional Magistrate of Narayanganj on the 18th June, 1947, alleging that they had made false statements in the balance-sheet of the Dhakeswari Cotton Mills for the year 1945. Of the two petitioners, Surjya Kumar Bose is the managing director, and Suresh Chandra Roy is a director of the Cotton Mills. On this complaint the learned Sub-Divisional Magistrate summoned the two opposite parties under Section 282 of the Indian Companies Act, 1913, and adjourned the case to 25th July, 1947. On 25th July, 1947, the accused Surjya Kumar Bose appeared and was r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 84 : ''Whosoever being a Manager, Director or public officer of any body corporate or public company shall make, circulate or publish or concur in making, circulating or publishing any written statement or account which he shall know to be false in any material particular ." The purport of Mr. Mitter's argument is that section 282 of the Indian Companies Act must be construed strictly. Section 282 merely speaks of "wilfully making a statement false in any material particular." The section says nothing whatsoever about the publication and, therefore, as the directors made the balance-sheet in Calcutta, they can only be tried for a breach of Section 282 in Calcutta. In the first place we would note that there is nothing whatsoev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are on a Puja holiday in Darjeeling or having a week-end by the seaside at Digha and can only be brought to account for any false statement made in that balance-sheet either by the Courts in Darjeeling or the Courts at Contai. For ourselves we take note of the fact that under Section 131(3) of the Indian Companies Act, every company, other than a private company, shall send a copy of such balance-sheet and profit and loss account of income and expenditure account so audited together with a copy of the auditor's report to the registered address of every member of the company at least 14 days before the meeting at which it is to be laid before the members of the company and shall deposit a copy at the registered office of the company for th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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