9911796707
TMI Blog2001 (1) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... his sworn statement on 15-5-1998. 2. The respondent-complainant filed a private-complaint in the court below for the offences under sections 39(2), 219(4), 217(2)( a ) and 628 of the Companies Act, 1956 ( the Act ), alleging that he is a shareholder in the first petitioner-company and that by a letter dated 5-5-1997, he requested the first petitioner for supply of : "( a )entries pertaining to his shares available in the share register; ( b )copy of memorandum of articles of association with up to date amendment, and ( c )balance-sheet including profit and loss account and connected papers to be enclosed to balance sheet (annual general meeting held in 1995 and 1996) for his use." 3. In reply to his request, he received a let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also committed an offence under section 628. 5. The learned Magistrate has taken cognizance of the said offences and after recording the sworn statement of the complainant, has passed the impugned order registering a case, ordering for issue of process against the appellants. It is at this stage, the petitioners have approached this court seeking for quashing the proceedings by filing this petition under section 482 of the Code of Criminal Procedure. 6. The learned counsel for the petitioners, S.G. Bhagawan raised the following contentions. ( a )The court below has no jurisdiction to entertain the complaint since the alleged offences have not taken place within its jurisdictional limits, namely, Bangalore urban and rural areas of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the jurisdiction on the court under the Act is section 53. Section 53 is the provision relating to service of documents on members by the company. Section 53 reads as under : " Service of documents on members by company. (1) A document may be served by a company on any member thereof either personally, or by sending it by post to him to his registered address, or if he has no registered address in India, to the address, if any, within India supplied by him to the company for the giving of notices to him. (2) Where a document is sent by post, ( a )service thereof shall be deemed to be effected by properly addressing, pre-paying and posting a letter containing the document, provided that where a member has intimated to the compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the address, if any, in India supplied for the purpose by the persons claiming to be so entitled, or until such an address has been so supplied, by serving the document in any manner in which it might have been served if the death or insolvency had not occurred." 8. Thus, the above provision makes it clear that the cause of action arises for non-compliance with the said provision at the place where the registered office of the company is situated from where the documents are to be sent and the court which has jurisdiction for entertaining a complaint for non-supply of the document is the court within the jurisdiction limits of which the registered office of the company is situated. This position is made clear by the Supreme Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be posted and are usually posted." (p. 581) 8.1 In para 8, it is further observed as follows : ". . . when the company posts the dividend warrant at the registered address of the shareholder, the post office becomes the agent of the shareholder and the loss of a dividend warrant during the transit thereafter is at the risk of the shareholder. The court further held that the place where the dividend warrant would be posted is the place where the company has its registered office and the offence under section 207 of the Act would also occur at the place where the failure to discharge that obligation arises, namely, the failure to post the dividend warrant within 42 days . . . ." [Emphasis supplied] (p. 582) 9. In the instant case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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