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TMI Blog1970 (5) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... s 159, 166, 210 and 220 of the said Act for the years 1965, 1966 and 1967 and its directors were prosecuted for not filing the balance-sheets as at November 30, 1965. The trial was in the court of Miss K. Roy, Magistrate, 1st Class, New Delhi. The petitioners, along with the other directors of the company, were convicted by the order of the said Magistrate on September 11, 1968, and each of the directors was fined Rs. 100. The Magistrate made a further order that the directors of the said company will file the documents required within two months from the date of announcement of the said order. This direction was made under section 614A(2) of the Act. The petitioners committed a default in complying with the aforesaid direction and thereupo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that matter relating to that company, as provided in section 10. Primarily, therefore, with respect to negligence, default, breach of duty, misfeasance or breach of trust by an officer of a company, the court is a criminal court and that is the court which is referred to in sub-section (1) of section 633 of the Act which has the jurisdiction to grant relief in the cases mentioned. However, if any such officer against whom proceedings have not been instituted in a criminal court has reason to apprehend that any proceedings might be brought against him may also apply for relief and in the case of such apprehension, the court will be the High Court having jurisdiction. It is, therefore, clear that the High Court will not have any jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt relief against a default in the compliance of a direction of a competent court, in this case the Court of the Magistrate which has been given under section 614A(1). In terms, such a default does not appear to me to be comprehended within the scope of sub-section (2) of section 633. There is, to my mind, another aspect to the matter. If the High Court is not possessed of jurisdiction to grant relief under sub-section (2) of section 633 after the institution of criminal proceedings, I fail to see on what principle the High Court will have such jurisdiction after the termination of the criminal proceedings in respect of the defaults which were the subject-matter of the criminal proceedings. For these reasons, I am of the view that this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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