9911796707
TMI Blog2023 (10) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... observed from the records of the accused company that the cost audit report was not filed with the Central Government for the financial year ending 31.03.2014 within the stipulated time. The period of limitation is dealt under Code of Criminal Procedure under Section 468 to 473. Admittedly, punishment prescribed under the Section 147 of the Companies Act is one year in the present facts of the case. Accordingly, under Section 468 of Cr.P.C, the period of limitation for an offence punishable is one year under Section 468(2)(b) of Cr.P.C. Under Section 469 of Cr.P.C, the commencement of period of limitation is prescribed - In view of Section 469 of Cr.P.C, the commencement of period of limitation would be from the date of knowledge to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to get its cost accounting records to be audited by a Cost Auditor and failed to file Cost Audit Report to the Central Government within 30 days from the date of receipt of a copy of the cost audit report furnished by the Cost Auditor, as such, liable. The non-filing of the cost audit report was for the financial year ending 31.03.2014. 2. Criminal Petition No. 1412 of 2018 is filed questioning continuance of proceedings in CC No. 196 of 2017 on the file of Special Judge for Economic Offences at Hyderabad for violation of Section 148(8) of Companies Act, 2013 (for short the Act of 2013 ) punishable under Section 147 of the Act of 2013. According to the allegation, the company failed to get its cost accounting records to be audite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 956 was repealed, as such, notice is illegal. The period of limitation for filing of complaint cannot be calculated from the date of granting of sanction which is 03.10.2016. 6. On the other hand, learned counsel appearing for the respondent/complainant would submit that complaint filed is well within time and it is for the trial Court to decide whether an offence is made out or not, after adducing evidence. 7. As seen from the record, notice which was sent is dated 14.06.2016. According to the said notice sent by the Registrar of Companies, it was observed from the records of the accused company that the cost audit report was not filed with the Central Government for the financial year ending 31.03.2014 within the stipulated time. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the show-cause notice was sent to the accused company. 10. As claimed by the complainant, the date of knowledge of the offences cannot be 03.10.2016, on which date, sanction was obtained. The date of obtaining sanction cannot be the date of knowledge of offence, but the date on which the notice was sent or the date or any other previous date on which the knowledge of the offence had come to the notice of the Registrar of Companies. 11. Since complaint was filed on 30.05.2017, complaint is well within time. The date of filing the complaint would be criteria and not the date on which the Court takes cognizance of the offences in the said complaint. For the said reason, the ground of complaint being barred by limitation cannot be accep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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