1966 (7) TMI 41

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..... een revision cases arise were tried together by the learned Magistrate as the same questions of fact and law are involved in all of them. The eighteen revision cases were also taken up and heard together for the same reasons and as they all arise out of the same judgment passed by the learned Magistrate. Criminal Revision Cases Nos. 305 to 310 of 1965 arise out of six cases wherein the petitione .....

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..... on 210(5) of the Companies Act for failure to comply with the requirements of section 210(1) of the Act in the matter of placing the balance-sheet and profit and loss account of the company before the annual general meeting of the company. The learned Magistrate convicted all the accused in the eighteen cases under the respective sections they were charged with and sentenced each of them to pay .....

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..... before him were not entitled to any relief as they had been given ample opportunities for the purpose of examining and inspecting the documents that were necessary for the purpose of preparation of the balance-sheet and the profit and loss account. So far as the company is concerned, i.e. , in Criminal Revision Cases Nos. 305 to 310 of 1965, there is no question of any relief under section 633 .....

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..... er the balance-sheet has been prepared and placed before the directors that the question of its audit by the auditors comes in. Here, in the present case, the directors did not appear to have taken any step whatsoever in the matter of preparation of the balance-sheet and, when they have not taken the steps that were required in the matter in spite of full opportunities being given to them for the .....

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..... rned Magistrate that the annual general meetings were held during the years 1957 to 1961 and that the annual returns of the company were also filed duly with the Registrar during the concerned years. In these circumstances, I cannot find that there was a good case for giving relief to the directors from their liability in the matter. In the result, all these eighteen rules stand discharged. - .....

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