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TMI Blog2010 (2) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled to have true copies of the minutes of the general meetings thereof held from time-to-time that he had sought from the first accused by his letter dated 19-6-2002, a copy of the memorandum and articles of association and the minutes of the general meetings for appointment of captains of cricket and tennis teams, respectively, and the Circular sent for these appointments for the year 2001-02 and that as the petitioners herein had failed to furnish the same in keeping with section 196(2) of the Companies Act, 1956, which required the same to be furnished within a period of 7 days, an offence stood committed by the petitioners which entails a fine of Rs. 5,000 in respect of each offence under section 196(3). 2. Section 196(3) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 : "(1) No Court shall take cognizance of any offence against this Act other than an offence with respect to which proceedings are instituted under section 545, which is alleged to have been committed by any company or any officer thereof, except on the complaint in writing of the Registrar, or of a shareholder of the company, or of a person authorised by the Central Government in that behalf : Provided that nothing in this sub-section shall apply to a prosecution by a company of any of its officers." Rest of the sections : Otiose 4. Learned senior counsel submitted that as the offence is said to have been committed by the first petitioner/accused-company and its officers and the respondent/complainant was not a person who fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the three categories of persons envisaged in section 41 of the Companies Act, 1956. The respondent is neither a subscriber of the memorandum of the company who has agreed to become a member thereof nor is a person who has agreed in writing to become a member of the company. The first accused is a company registered under section 25 of the Companies Act, 1956, which has no equity shareholding, holding whereof would have constituted the respondent/complainant a shareholder. Learned senior counsel for the petitioner would refer to the commentaries on section 621 of the Companies Act, 1956, in the celebrated work. A. Ramaiya s Guide to the Companies Act wherein it is stated as follows : "It may be noted that only in the case of a company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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