S. GOVIND RAJAN Vs. M.O. ROY

JUDGEMENT

(1.) The petitioners are accused in E.O.C.C.No. 125 of 2006 on the file of the learned Addl. Chief Metropolitan Magistrate E.O.II, Egmore, Chennai. The respondent is the complainant in the case. The respondent has filed the said complaint alleging that the petitioners have violated Section 314 of the Companies Act, 1956, thereby, they are liable for punishment under Section 629(A) of the Companies Act. Seeking to quash the said case, the petitioners are before this Court with this petition.

(2.) I have heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent as well as perused the records carefully.

(3.) Though several grounds were raised in the petition, the learned counsel appearing for the petitioners would focus his arguments on the ground that the prosecution in the instant case is barred by limitation under Section 468 of the Code of Criminal Procedure. The learned counsel pointed out that the maximum punishment provided under Section 629(A) of the Companies Act is only fine for which as per Section 468 of the Cr.P.C. the limitation period is only six months from the date of commencement of the offence.