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TMI Blog1990 (3) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated June 12, 1981., passed by the learned Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No. 69 of 1981 whereby the learned Metropolitan Magistrate acquitted the respondents-accused of the offences punishable under section 621(1A) of the Companies Act, 1956. It is the prosecution case that one Shri R.V. Patel was an employee of Sarabhai and Co. (P.) Ltd. He was also acting as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents of the offence with which they were charged. The State has filed this appeal challenging the said judgment and order of acquittal. In order to appreciate the case of the prosecution that the respondents-accused have committed a breach of section 383A of the Companies Act, it would be just and proper first to refer to the relevant provisions of the Act. Section 383A of the Companies Act, re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch commencement exercise his option as to the company of which he intends to continue as the secretary and shall, on and from such date, vacate office as secretary in relation to all other companies." Section 383A(2)( b ) of the Companies Act is very clear on the point in the case of an individual holding post of company secretary in more than one company. The said sub-section clearly lays down ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the facts and circumstances of the instant case, in my opinion, the learned Metropolitan Magistrate has rightly held that the respondents-accused have committed no offence. I see no reason to interfere with the view taken by the learned Metropolitan Magistrate. Hence, there is no substance in this appeal and it requires to be dismissed. Appeal is dismissed. The judgment and order dated June 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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