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TMI Blog2010 (8) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent. JUDGMENT 1. By the present petition under section 482 Cr.P.C., the petitioner has sought quashing of criminal complaint No. 451 of 2002 and the proceedings emanating therefrom filed by Registrar of Companies against the petitioner for offences under sections 63 and 628 of Companies Act, 1956 on the ground that the complaint was barred by limitation under section 468 Cr.P.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken by the petitioner that the period of limitation has to be counted from the date of issuance of prospectus is a baseless plea. The offence under section 63 of the Companies Act stands committed when prospectus containing untrue statement is issued and offence under section 468 (sic 628) of the Companies Act is committed if the return, report, balance sheet, prospectus, the statement etc. issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the truthfulness, the knowledge that the statement was false cannot be attributed to the Registrar of Companies. When the Registrar of Companies acquired knowledge about the false statement cannot be gone into by this Court under section 482 Cr.P.C. as it involves a probe into the facts. When a complaint is filed before the Court of Magistrate under sections 63 and 628 of the Companies Act, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistrar of Companies, (1999) 96 Comp. Cas. 265 ; Thomas Philip v. Asstt. Registrar, being Crl.M.C. No. 4113/2002 decided by the High Court of Kerala; Manganese Ore (India) Ltd. v. Municipal Council through its Chief Officer, Uttarwar, MANU/MH/0613/2002; and State of Rajasthan v. Sanjay Kumar (1998) 5 SCC 82]. Therefore, at this stage the complaints cannot be thrown out on the ground of limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded during trial. The power under section 482 Cr.P.C. is to be exercised very sparingly and only where the trial court had acted in gross illegality. Where the trial court had not even gone into the issue of limitation and the facts are yet to be proved, this Court cannot go into the issue of limitation, since the limitation is a mixed question of law and facts, and quash the complaint. 6. I, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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