9911796707
TMI Blog2012 (4) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... as six months - There is no dispute with regard to the proposition of law that the powers of this Court under Section 482 Cr.PC were to be exercised sparingly and in exceptional circumstances where there appeared to be glaring injustice or manifest error committed by the trial court Regarding non-issuance of notice under Section 234 of the Act to the petitioners, it is seen that ROC issued a letter dated 24.2.2004 to the company to enquire about its affairs - the contention of the petitioner that cognizance by the Trial Court was barred by the limitation, the Trial Court record must be perused - The period of limitation for taking cognizance of the offences commences when the knowledge of the commission of offence is gained by the prosecu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y ROC to the Central Government in terms of section 234 (6) of the Act seeking advice for prosecution of company u/s 234 of the Act. It was thereafter that the Complaint (CC No. 939/2007) was filed in the Court of ACMM by the ROC against the Company and its functionaries including the petitioners. The ACMM passed the impugned order of summoning of all the accused including the petitioners. 3. The impugned order is assailed mainly on the ground that the same has been passed in a mechanical manner without ensuring that mandatory and statutory notice under Section 234 of the Act was issued to the petitioners. In this regard learned counsel for the petitioners relied upon the judgments of HDFC Bank Ltd. v. Amit Kumar Singh (2009) 160 DL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Pradesh (1988) 4 SCC 36, H.C. Bhasin v. Registrar of Companies [2008] 142 Comp. Cas. 518/87 SCL 149 (Delhi), Ajit Singh Thakur v. State of Gujarat AIR 1981 SC 733, Sri Ramdas Motor Transport Ltd. v. Tadi Adhinarayana Reddy [1997] 13 SCL 118 (SC), Anil Metre v. Registrar of Companies [2004] 53 SCL 103 (Delhi). 6. There is no dispute with regard to the proposition of law that the powers of this Court under Section 482 Cr.PC were to be exercised sparingly and in exceptional circumstances where there appeared to be glaring injustice or manifest error committed by the trial court. The question was raised as regards to the powers of this Court under Section 482 Cr.PC at the stage of summoning. In this regard, it may be sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders of the respondent. Reply to the letter by the petitioner company cannot be equated to acknowledgement of a statutory notice as per the requirement of law. In the present case, absence of any documentary proof of service of such orders of ROC on the petitioner company indicates that the prosecution was initiated without giving any opportunity to the petitioner company to advance its reply. The respondent/complainant has made an averment regarding the issue of statutory orders, however, they are silent as regard to the factum of delivery or mode of proof of delivery of the said statutory orders. Thus, prima facie it is seen that the statutory orders under section 234 of the Act was not delivered to the petitioner and that being so the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and recurs, there is the offence committed. The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues and Therefore, constitutes a fresh offence every time or occasion on which it continues. In the case of a continuing offence there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when act or omission is committ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
