9911796707
TMI Blog1981 (4) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... 3/1227 of 1977, convicting the petitioners under section 162 of the Companies Act, 1956 (hereinafter referred to as "the Act") for contravention of the provisions of section 159 of the Act and sentencing them to pay a fine of Rs. 500 each or in the alternative to undergo simple imprisonment for three months. On May 30, 1973, the Registrar of Companies, Bihar, had filed a complaint petition in the court of the Sub-divisional Officer, Sadar, Patna against the petitioners out of whom petitioner No. 1 is M/s Calculating and Business Machines P. Ltd., a private company incorporated under the Act on November 1, 1966, having its registered office at Giddhour, District Monghyr and the rest of the petitioners are said to be the directors of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The fact that the company in its letter dated May 21, 1969, had intimated the Registrar of Companies that the company had not been carrying on any business since its incorporation in 1966 and had requested the Registrar to strike the name of the company off the register under section 560 of the Act was not disputed by the prosecution, but it was contended by the prosecution that in reply to the said letter dated May 28, 1969, of the company, the Registrar of Companies in his letter dated August 19, 1969, (Ex. A) had informed the company that its request for taking action under section 560 of the Act could not be acceded to as the company had got some liability and, therefore, it should take steps to put the company into voluntary liquida ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, that the company had got some liability and had advised the company to take steps to put the company under voluntary liquidation after following the provisions of the Act and the rules made thereunder. In the peculiar facts and circumstances of the case I am, therefore, of the opinion that these was no mens rea on the part of the petitioners in not submitting the annual return as required under section 159 of the Act and hence the conviction of the petitioners under section 162 of the Act and the sentence of fine imposed thereunder appear to be not warranted. In the result, the application is allowed and the conviction and the sentence of fine imposed on the petitioners under section 162 of the Act for contravention of the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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