RAGHUNATH SWARUP MATHUR Vs. RAGHURAJ BAHADUR MATHUR

JUDGEMENT

(1.) THIS is an appeal by the complainant against the appellate order of the Sessions Judge of Saharanpur, whereby he allowed the appeal of the respondents, who were sentenced by the Magistrate to pay a fine of Rs. 250 each under Section 629-A of the Companies Act, hereinafter called the Act.

(2.) FOR proper appreciation of the points involved in the case it would be necessary to consider certain provisions of the Act, as amended by Act 65 of 1960. The material portions of Section 263 of the Act are in the following terms :

(3.) SECTION 629-A is a residuary provision for punishment for breach of the provisions of the Act, where no specific remedy is available in other sections thereof. The material words of this Section are :