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Competency of the Registrar of Joint Stock Companies to prefer a complaint under section 141A of the Indian Companies Act (VII of 1913). Analysis: The petitioner, the first accused in a case under section 282 of the Indian Companies Act, sought to quash the charge against him. The charge was based on publishing a false balance sheet for the company. The complaint was filed by the Registrar of Joint Stock Companies, authorized by the Government of India. The petitioner argued that only the Advocate-General or the Public Prosecutor could initiate such complaints under section 141A of the Act. The District Magistrate declined to interfere, leading to the revision petition before the High Court. The central issue was whether the Registrar of Joint Stock Companies had the authority to file the complaint as per section 141A of the Companies Act. Section 141A empowers the Central Government to refer criminal matters to the Advocate-General or the Public Prosecutor for prosecution. The petitioner contended that only those mentioned in section 141A(1) could initiate prosecutions. The Court examined sections 138 to 141A of the Companies Act, outlining the process of inspection, investigation, and reporting by the Central Government and the subsequent prosecution referral to the Advocate-General or Public Prosecutor. The petitioner relied on a Lahore High Court decision, but the High Court of Calcutta held in a separate case that private individuals were not barred from initiating prosecutions under section 141A. The Calcutta High Court emphasized that the Companies Act did not explicitly prohibit private prosecutions. Additionally, a Madras High Court decision supported this interpretation. Despite contrary arguments, the Court found no exclusion of other persons from filing complaints under section 141A, rejecting the petitioner's reliance on a Supreme Court decision regarding discretionary powers vested in specific authorities. Ultimately, the High Court dismissed the revision petition, affirming the Registrar's competency to file the complaint and the Magistrate's jurisdiction to try the case. The judgment concluded that the law was correctly interpreted by the Calcutta High Court, establishing the Registrar's authority to initiate the prosecution under section 141A of the Companies Act.
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