NARASUS PRIVATE LIMITED Vs. ASSISTANT REGISTRAR OF COMPANIES

JUDGEMENT

(1.) PETITIONER No. 1 is a private limited company incorporated under the Indian Companies Act, 1956. PETITIONERs Nos. 2 and 3 are directors in this concern. Within thirty days from the date of the annual general meeting, the balance-sheet of the company should be filed with the Registrar of Companies. This was not filed for the year 1968. Therefore, they were prosecuted for an offence under section 220 of the Companies Act, 1956. The petitioners, in defence, pleaded that since they did not have the annual general meeting of their company for that year, they were not in a position to file the balance-sheet as required by the Act, within the time prescribed. Not accepting this contention, the learned Magistrate convicted petitioners Nos. 2 and 3 under section 220 of the Companies Act, 1956 and sentenced them each to pay a fine of Rs. 200. The petitioners in this revision contended that they have been wrongly convicted. One who is charged with an offence could not rely on his own default as an answer to the charge and if a person charged was responsible for not calling the general meeting, he cannot be heard to say, in defence to the charge, that the general meeting had not been called. In other words, if the person charged with the failure to carry out the requirements of the section could have called the meeting, he cannot defeat the provisions of the section simply by not calling the meeting wilfully (vide State of Bombay v. Bandhan Ram Bhandani). The petitioners have been correctly convicted and the convictions are confirmed. The sentences of fine imposed on the petitioners are reduced to Rs. 100 each. Excess fine, if paid, shall be refunded to the petitioners herein. With this reduction in sentence, the revision is dismissed.