2006 (3) TMI 339

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..... of 2002, on the file of the Special Judge for Economic Offences, Hyderabad. On a complaint filed by the Registrar of Companies, Andhra Pradesh, for the offence under section 162 of the Companies Act, 1956 (for short "the Act") for non- filing of returns as required under sections 159 and 161 of the Act, the said C.C. No. 280 of 2002, has been taken on file for prosecution of all the accused. 2. .....

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..... 62 read with sections 159 and 161 of the Act. It is stated that the complainant has issued a notice to the accused to show cause why action should not be initiated for contravention of the provisions of section 162 of the Act. The company has neither complied with the provisions of the Act nor furnished proper reply to the said notice. Therefore accused Nos. 2 to 11 are the officers in default wit .....

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..... , and informed the same to the Registrar of Companies and all directors and therefore the petitioner cannot be prosecuted. 4. Admittedly, the offence said to have been committed is prior to the alleged resignation and therefore the petitioner cannot take defence of the so-called resignation as director. Learned counsel for the petitioner relied on a judgment of the Apex Court in K.P.G. Nair .....

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