9911796707
TMI Blog1999 (2) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... should have been held latest by 30-9-1991 and the annual return made upto that date should have been filed with the complainant on or before 28-11-1991. A default notice was issued by the complainant to the accused, which was acknowledged by the 2nd accused. But the notice issued to the company was returned undelivered. The accused have not filed the annual return inspite of service of notice. Thus, they have willfully and knowingly contravened the provisions of section 159. 2. Pending the proceedings, the 2nd accused Kunni Krishna Poduval, the managing director of the 1st accused Company died. The petitioner herein Smt. Seethalakshmi was impleaded as an accused after the death of her husband viz., Kunni Krishna Poduval. At that stage, the petitioner herein, who was impleaded as an accused, on the death of her husband, filed an application for her discharge from the case under section 204 of the Code of Criminal Procedure 1873 ('the Code'). The Sub-Divisional Magistrate, Mahe, by his order dated 14-11-1995, dismissed the application filed by the petitioner herein in Crl.M.P.No. 360 of 1995 in STR No. 587 of 1994. Hence, this Revision. Crl. R.C. No. 115 of 1996: 3. A complaint w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny and its director are under statutory obligations to file with the Registrar of Companies within 30 days from the date on which the balance sheet and profit and loss account were laid before the company at the annual general meeting, three copies of the balance sheet and profit and loss account, in the prescribed form or where the annual general meeting of a Company for any year has not been held, they shall be filed with the Registrar within 30 days from the latest day on or before which the meeting should have been held. If default is made in complying with the requirements of section 220 of the Act, the company and every officer of the company, who is in default shall be punishable with fine. The first balance sheet and profit and loss account of the company were required to be placed in the annual general meeting by a date not later than 30-9-1991, that is to say, within six months of the close of the financial year. Three copies of the said balance sheet were further required to be filled in the office of the Registrar of Companies not later than 29-10-1991. But the accused have not filed the balance sheet. A default notice was issued by the complainant to the accused. The n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance sheet were further required to be filled in the Office of the Registrar of Companies not later than 29-10-1992. But, the accused have not filed the balance sheet. A default notice was issued by the Registrar of Companies to the accused. The notice addressed to the company was returned undelivered, while the notice issued to the 2nd accused has been duly acknowledged. As the accused have not filed the copies of the said balance sheet and profit and loss account, they have contravened the provisions of section 220. Hence, they are liable to be punished. 8. Pending the proceedings, the managing director of the 1st accused company, who was impleaded as the 2nd accused, died. On his death, the petitioner herein was impleaded as an accused. Therefore, the petitioner herein filed an application under section 204 of the Code praying for her discharge. The application which was taken on filed in Crl. M.P. No. 363 of 1995 in STR No. 590 of 1994 was dismissed by the Sub Divisional Magistrate, Mahe, on 14-11-1995. Hence, this Revision. 9. The petitioner is the same in all the above four cases. The 1st accused/ company is the same and the complainant is the same in all the complaints ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held, prepare and file with the Registrar a return containing the particulars specified in Part I of Schedule V, as they stood on that day, regarding-- (a)its registered Office, (b)the register of its members, (c)the register of its debenture holders, (d)its share and debentures, (e)its indebtedness, (f)its members and debenture holders, past and present, and (g)its directors, managing directors (managing agents, Secretaries and treasurers), (managers and Secretaries), past and present: Provided that if any of the (five) immediately proceeding returns has given as at the date of the annual general meeting with reference to which it was submitted, the full particulars required as to past and present members and the shares held and transferred by them, the return in question may contain only such of the particulars as relate to persons ceasing to be or becoming members since that date and to shares transferred since that date or to changes as compared with that date in the number of shares held by a member. Explanation.--Any reference in this section or in section 160 or 161 or in any other section or in Schedule V to the day on which an annual general meeting is held or to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re paid-up share capital is held by one or more bodies corporate incorporated outside India, or (iii)in the case of a company which becomes a public company by virtue of section 43 A if the Central Government directs that it is not in the public interest that any person other than a member of the Company shall be entitled to inspect, or obtain copies of, the profit and loss account of the Company, no other person other than a member of the company concerned shall be entitled to inspect, or obtain copies of, the profit and loss account of that company under section 610. (2) If the annual general meeting of a company before which a balance sheet is laid as aforesaid does not adopt the balance sheet, (or is adjourned without adopting the balance sheet) (or, if the annual general meeting of a company for any year has not been held) statement of that fact and of the reasons therefore shall be annexed to the balance sheet and to the copies thereof required to be filed with the Registrar. (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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 162 provides that if a company fails to comply with any of the provisions contained in sections 159,160 or 161, the company, and every Officer of the company, who is in default, shall be punishable with fine which may extend to fifty rupees for every day during which the default continues. Section 162 further provides that the expressions 'Officer' and 'director' shall include any person in accordance with those directions or instructions, the board of directors of the company is accustomed to act. 16. In this case, the husband of the petitioner, who was the managing director died. It is the admitted case that the returns as required under the relevant sections having not been furnished by the company. Section 5 defines that the Officer in default includes a director. The petitioner herein was a director of the company, during the relevant point of time, of which there is no controversy. Therefore, for the non-compliance of the provisions of sections 159 and 221, the director is also liable to be proceeded under law and is punishable under law. In such circumstances, the contention of the learned counsel for the petitioner that the petitioner was not the managing director and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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