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TMI Blog2018 (12) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... o Kolkata. This application for compounding of the offence for which trial is pending before Special Judge (Commercial Court) Bangalore is not maintainable before this Tribunal at Kolkata. Apart form above, this application is not maintainable for other reasons. Section 3(a) of Section 441 states that every application under this Section shall be made to the Registrar who shall forward the same together with his comments to the Tribunal. In this case, this application is filed before this Tribunal by the applicant only and it has not been forwarded by the ROC. Sub-Section 6(a) of Section 441 of the Act also makes it clear that any offence which is punishable under this Act, with imprisonment or fine or both shall be compoundable with per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OC Bangalore being not satisfied with his explanation, filed criminal prosecution against him as above in the Court of special Judge (Commercial Court) of Bangalore in state of Karnataka. However, the applicant filed this Application for compounding of the offence before this Tribunal. He submitted that he is the director of some of the Companies of which the registered Office is at Kolkata in West Bengal and hence, this Tribunal may deal with this Application. 4. Notice of this Application was issued to ROC, West Bengal. However, he contended that his office has not sent any notice to the applicant, hence, he has nothing to say in the matter. 5. ROC, Bangalore in his reply to the notice stated that case baring No. 323/2017 against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction to entertain this application. 8. Section 441 of the Companies Act, 2013 deal with compounding of certain offence. It states that:- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any offence punishable under this Act (whether committed by a company or any officer thereof) with fine only, may, either before or after the institution of any prosecution, be compounded by- either before or after the institution of any prosecution, be compounded by- (a) the Tribunal; or (b) where the maximum amount of fine which may be imposed for such offence does not exceed five lakh rupees, by the Regional Director or any officer authorised by the Central Government, on payment or credit, by the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be made to the Registrar who shall forward the same, together with his comments thereon, to the Tribunal or the Regional Director or any officer authorised by the Central Government, as the case may be. (b) Where any offence is compounded under this section, whether before or after the institution of any prosecution, an intimation thereof shall be given by the company to the Registrar within seven days from the date on which the offence is so compounded. (c) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, either by the Registrar or by any shareholder of the company or by any person authorised by the Central Government against the offender ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) any offence which is punishable under this Act, with imprisonment of fine, or with imprisonment or fine or with both, shall be compoundable with permission of the Special Court, in accordance with the procedure laid down in that Act for compounding of offences; (b) any offence which is punishable under this Act with imprisonment only or with imprisonment and also with fine shall not be compoundable. (7) No offence specified in this section shall be compounded except under and in accordance with the provisions of this section. 9. Plain reading of this Section makes its clear that the Tribunal can allow the compounding of the offence if fine to be imposed for that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before Special Judge (Commercial Court) Bangalore is not maintainable before this Tribunal at Kolkata. 11. Apart form above, this application is not maintainable for other reasons. Section 3(a) of Section 441 states that every application under this Section shall be made to the Registrar who shall forward the same together with his comments to the Tribunal. In this case, this application is filed before this Tribunal by the applicant only and it has not been forwarded by the ROC. Sub-Section 6(a) of Section 441 of the Act also makes it clear that any offence which is punishable under this Act, with imprisonment or fine or both shall be compoundable with permission of the Special Court. In this case, no such permission from the Special Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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