F J HEREDIA Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THESE three cases are consolidated for purposes of disposal by a common order.

(2.) IN Criminal Petition No. 258 of 1997, the petitioners who are accused in C. C. No. 1281 of 1988 on the file of the Special Court for Economic Offences, Bangalore, seek to challenge the continuance of the proceedings against them as being contrary to the directions given in common Cause, A Registered Society v. Union of India, AIR 1996 SC 1619 ; [1998] 94 Comp cas 776. The case against the petitioners is that they are guilty of an offence under Sub-section (5) of Section 210 of the Companies Act, 1956, for an alleged failure to hold the annual general body meeting latest by September 26, 1987, and to lay the balance-sheet and profit and loss account for the period in question. The offence is admittedly punishable with imprisonment for six months and/or fine of Rs. 1,000. The case against accused Nos. 1 to 4 was dismissed on account of the inability of the prosecution to secure their presence. The petitioners seek quashing of the complaint on the ground that the trial has not commenced, notwithstanding" the expiry of the period stipulated in the common cause's judgment.

(3.) IN Criminal Petition No. 259 of 1997, the petitioners are prosecuted for an offence under section 159 read with Section 162 of the Companies Act in C. C. No. 1279 of 1988 on the file of the Special Court for Economic Offences, Bangalore. The petitioners were the only persons who could be secured before the court, while the others could not be secured. The petitioners also moved for dropping the proceedings in accordance with the directions contained in Common cause case [1998] 94 Comp Cas 776 (SC) referred to above.