RAMCHANDRA AND SONS PRIVATE LTD Vs. STATE

JUDGEMENT

(1.) THESE ten connected revisions involve the consideration of identical question of law and I, therefore, propose to dispose of them by a single judgment.

(2.) IN nine of the above cases, three applicants who are a private limited company, managing director and director of the company, have been convicted under section 220 of the Companies Act for committing default in filing with the Registrar copies of the balance-sheet and the profit and loss account of the company within 42 days of holding of the annual general meeting. In the last mentioned case they have been convicted under section 162 for not complying with the provisions of section 159 which requires every company to file with the Registrar an annual return made by the company within the prescribed period. It is not denied-indeed it is admitted-that no general meeting of the company had been called and the balance-sheet and profit and loss account of the company had not been laid before it. It is also admitted that the annual returns had not been filed with the Registrar within the stated period as required by section 159.

(3.) IN this connection stress was laid on the language of section 220 (1) which says: