AMISON FOODS LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This Crl. M.C. is filed by the accused in S.T. No. 80/1997 pending before the Addl. Chief Judicial Magistrate's Court (Economic Offences), Ernakulam to quash the complaint filed by the Registrar of Companies.

(2.) The respondent - Registrar of Companies filed a complaint against the petitioners alleging offence punishable under S.97(3) of the Companies Act on the ground that the petitioners herein failed to file Form No. 5 being the notice of increase of authorised share capital within 30 days after the passing of the resolution to increase the capital in terms of S.97(1) of the Companies Act with the prescribed fee and additional fee and therefore, they have committed the offence punishable under S.97(3) of the Companies Act.

(3.) The petitioners who are the accused before the Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam are the Company, its Chairman and Managing Director and its Secretary respectively. Though the 1st petitioner company was incorporated as a private limited company in the year 1987 it was converted into a public limited company in the year 1992. Though the authorised share capital of the company was initially Rs. 5 crores divided into 5000 equity shares of Rs. 100/- each, subsequently the authorised share capital of the company was increased to Rs. 7 crores by the resolution adopted on 30.4.1993.