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TMI Blog1994 (1) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... ons (1) and (2) of section 220 - Held, no - S.B. CRIMINAL MISCELLANEOUS PETITION NO. 1450 OF 1991 - - - Dated:- 11-1-1994 - N.L. TIBREWAL, J. Mahendra Singh for the Petitioner. K.N. Shrimal for the Respondent. ORDER 1. In this petition, under section 482 of the Code of Criminal Procedure the petitioners challenge the Criminal Complaint No. 47 of 1991, pending against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it reads as under : "(3) If default is made in complying with the requirements of sub-sections (1) and (2), the company, and every officer of the company who is in default, shall be liable to the like punishment as is provided by section 162 for a default in complying with the provisions of section 159, 160 or 161." A bare perusal of the aforesaid provision makes it clear that for non-comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons or instructions the board of directors of the company is accustomed to act; ( f )any person charged by the Board with the responsibility of comply-ing with that provision: Provided that the person so charged has given his consent in this behalf to the Board. ( g )in case any company does not have any of the officers specified in clauses ( a ) to ( c ), any director or directors who m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, the petitioners, who were directors, at the relevant time, did not fall within the expression 'officer (who is) in default' and they could not be held liable criminally, for the default with the requirements of sub-sections (1) and (2) of section 220. 3. In the above situation, when the averments made in the complaint, if taken on their face value, do not make out a case against the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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