9911796707
|
Home
Issues: Jurisdiction of Company Court to try offenses under Companies Act, 1956.
The judgment deals with appeals against a common order passed by the Company Judge in C.P. Nos. 94, 105, and 106 of 2001, dated 7-6-2002. The company petitioners alleged that the respondents violated section 108A of the Companies Act, 1956, which restricts the acquisition of certain shares. The offense, if proven, could lead to imprisonment or a fine. The Company Judge allowed the petitioners to approach the Magistrate for further action. However, the appellants argued that the Company Court has jurisdiction to determine violations of section 108A and proceed with punishment under section 108-I. The Court analyzed the relevant provisions of the Act, including section 2(11) and section 622. It concluded that offenses under the Act must be tried by a Presidency Magistrate or a Magistrate of the first class, excluding the Company Court from jurisdiction over such offenses. Therefore, the Company Judge's decision did not require intervention, and the appeals were dismissed without costs. In this judgment, the primary issue revolves around the jurisdiction of the Company Court to try offenses under the Companies Act, 1956. The petitioners alleged that the respondents violated section 108A of the Act, which prohibits the acquisition of certain shares. The Company Judge's decision to allow the petitioners to approach the Magistrate for further action was challenged on the grounds that the Company Court itself has the authority to determine violations of section 108A and impose penalties under section 108-I. The Court examined the relevant provisions of the Act, particularly section 2(11) and section 622, to interpret the jurisdictional scope of the Company Court. It was established that offenses against the Act must be tried by a Presidency Magistrate or a Magistrate of the first class, excluding the Company Court from adjudicating on such matters. Consequently, the Court upheld the Company Judge's decision, emphasizing that it did not necessitate intervention by the High Court. The judgment clarifies that offenses committed under the Companies Act, 1956, or against its provisions must be tried by a Presidency Magistrate or a Magistrate of the first class, as per section 622 of the Act. The Court's analysis of section 2(11) further elucidated that while the Company Court has jurisdiction over company-related matters under section 10, it is not empowered to try offenses against the Act. Therefore, the Company Judge's decision to allow the petitioners to seek redressal from the Magistrate was deemed appropriate, as the Company Court lacked jurisdiction to handle offenses under the Act. By dismissing the appeals without costs, the Court affirmed that the intervention of the High Court was unnecessary in this context, reinforcing the delineation of judicial authority under the Companies Act, 1956.
|
