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TMI Blog2005 (10) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... as incorporated on 4-9-1986 under the Act, having its registered office at 38, Industrial Estate, Digiana, Jammu. The authorized capital of the Company was Rs. 3 lakhs. Respondents 2 to 6 are the Directors of the Company. It was pleaded that accused have not filed the annual return and have also not convened the Annual General Meeting, which was due on 3-3-1988 and have thus violated the provisions of sections 159/220 of the Act. Process was issued against the respondents and on appearing, they moved a complaint for dropping the proceedings against the Company and its Directors on the ground that complaint is barred by time as the cause of action has accrued to the complainant on 2-5-1988 and the offence under which the complaint has been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egarding: ( 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, managers and secretaries, past and present. 220. Three copies of balance-sheet, etc., to be filed with Registrar. (1) After the balance sheet and the profit and loss account have been laid before a Company at an annual general meeting as aforesaid, there shall be filed with the Registrar within thirty days from the date on which the balance-sheet and the profit and loss account were so laid, or where the annual general meeting of a company for any year h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt has observed as under : "The question whether a particular offence is a continuing offence must necessarily depend upon the language of the statute which creates that offence, the nature of the offence and, above all, the purpose which is intended to be achieved by constituting the particular act as an offence. Turning to the matters before us. The offence of which the appellants are charged is the failure to pay employer s contribution before the date. Considering the object and purpose of that provision, which is to ensure the welfare of workers, we find it impossible to hold that the offence is not of a continuing nature. . . ." (p. 1692) In the same case, it has been further observed as under : "... Non-payment of the employer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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