9911796707
|
Home
Issues:
Validity of taking cognizance of the offence under section 207 before the expiry of the period of limitation. Analysis: The petitions filed sought quashing of proceedings under section 207 of the Companies Act, 1956. The main issue revolved around whether the offence under section 207 was validly taken cognizance of by the Trial Court before the period of limitation expired. The offence pertained to the non-payment of declared dividends by a company, punishable with imprisonment and fine. The counsel for the petitioners argued that the complaint should have been filed within one year as per section 468(2)(b) of the Code of Criminal Procedure. The respondent's counsel contended that the complaint was filed within one year of the Registrar of Companies being informed of the default, thus falling within the period of limitation. The Court noted that the Act did not prescribe a limitation for initiating proceedings for such offences, hence the general law under the Code applied. Section 468 stipulated a one-year limitation for offences punishable with imprisonment and fine, as in this case. Section 621 of the Act specified that offences could be cognizable on complaint by the Registrar, shareholder, or authorized person. In this instance, the complaint was lodged by the Registrar of Companies. The period of limitation commenced upon the knowledge of the offence by the aggrieved person or police officer, whichever was earlier. The Court clarified that the date of knowledge for the Registrar of Companies, the complainant, was crucial. The complaint was received on 30-6-1997, and cognizance was taken on 10-9-1998, after the expiry of the one-year limitation. The Court highlighted that cognizance was taken incorrectly on 10-9-1998, as the Registrar's knowledge of the offence was on 30-6-1997. Since the cognizance was taken after the period of limitation and without invoking section 473 for extension, the Court held that the proceedings were liable to be quashed. The petitions were allowed, and the proceedings in the case were to be quashed against all accused, not just the petitioners. In conclusion, the Court's detailed analysis focused on the timeline of events, the application of relevant legal provisions, and the incorrect cognizance taken by the Trial Court, leading to the quashing of the proceedings.
|
