9911796707
TMI Blog2018 (10) TMI 1954X X X X Extracts X X X X X X X X Extracts X X X X ..... re, Chennai for the offences under Section 159 r/w 162 of the Companies Act. 2. The petitioners in Crl.O.P.No.16189 of 2011 are the accused Nos.1 and 2 on the private complaint filed by the Deputy Registrar of Companies, Tamil Nadu in EOCC No.156 of 2011, which is pending trial on the file of Additional Chief Metropolitan Magistrate Court, Economic Offences-I, Egmore, Chennai for the offences under Section 220 r/w Section 162 of the Companies Act 1956. 3. The petitioners in Crl.O.P.No.16190/2011 are the accused Nos.1 and 2 on a complaint filed by the Deputy Registrar of Companies, Tamil Nadu in EOCC No.157 of 2011, which is pending trial on the file of Additional Chief Metropolitan Magistrate Court, Economic Offences-I, Egmore, Chennai fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the returns were not filed with the complainant. Crl.O.P.No.16188 of 2011 and Crl.O.P.No.16190 of 2011 are filed against cases for violation of Companies Act under Section 159 for the financial year 2006-2007. 7. Crl.O.P.No.16189 of 2011 and Crl.O.P.No.16191 of 2011 are filed against cases for violation of Section 220 of the Companies Act, since the accused failed to perform the statutory obligations for non filing of balance sheet and profit & loss account in the prescribed form for the financial year 2006-2007, which should have been filed on or before 30.10.2006 and 30.10.2007 respectively. Hence, the complainant had filed a complaint punishable under Section 162 of the Companies Act. 8. In all the cases, the Complainant had sent sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l begin to run at every moment of the time during which the offence continues". 12. Likewise Section 468 is extracted below: 468. Bar to taking cognizance after lapse of the period of limitation: (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. (2) The period of limitation shall be- (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. [(3) For the purposes of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is committed from day to day or repeated from day to day, then in that event only it can be called a continuing offence. The language of section 162 does not warrant any continuity as they are in sections 234, 294, 372 and 598 of the Companies Act. 15. The petitioner in support of his contention relied upon the following decisions: 1. Apex Court in the case of STATE OF BIHAR VS. DEOKARAN NENSI reported in AIR 1973 SC 908; 2. CALCUTTA HIGH COURT in the case of NIRPENDRA KUMAR GHOSH VS. REGISTRAR OF COMPANIES AND OTHERS reported in 1984 CJ (CAL) 191; 3. In the case of CENTRAL MANBHUM COAL COMPANY PVT.LTD., AND OTHERS VS. ASST.REGISTRAR OF COMPANIES AND OTHERS reported in 1984 CJ (CAL) 45. 16. The Apex court in the case of STATE OF BI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and for all". Further, it had held that as per section 159 of the Companies of the Act failure to obey or comply with the rule or its requirement involves a penalty, which continues until the rule or its requirement is obeyed or complied with. Further held that section 159 of the Companies Act does not impose any liability which so continues. The offence on the breach there of is complete with the failure to furnish the return in the manner or within the time stipulated such an offence is committed once and for all as and when one commits the default the same analogy could be drawn with regard to Section 220 of the Companies Act for failure of filing Profit and Loss Account. Further it is held that the above provisions does not contemplate ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
