BALE SUNDARI Vs. REGISTRAR COMPANIES U P

JUDGEMENT

(1.) G. P. Mahtnr, J. The applicants by means of the present petition under Section 482, Cr PC seek quashing of the proceedings of complaint case No. 5084 of 1981 (Registrar of Companies, U. P. v. Jindal and Jindal Pvt. Ltd.) which is pending in the Court of C. M. M. Kanpur.

(2.) THE Registrar of Companies, U. P. Kanpur filed a criminal com plaint dated 2-7-1981 against Jindal and Jindal Pvt. Ltd. and its five direc tors for their prosecution under Section 220 of the Companies Act, 1956 (hereinafter referred to as the Act) alleging that the Company and its direc tors under statutory obligation to file with the Registrar of Companies, U. P. the Balance Sheet and Profit and Loss Account, in the prescribed form, duly placed in the Annual General Meeting of the Company, within thirty days of the holding of the meeting and as in the present case no such meeting was held within thirty days of the due date of Annual General Meeting. THE accused in spite of repeated notices, knowingly and wilfully committed default in not filing the balance sheet and profit and loss account and had thereby committed continuing default. THE learned Magistrate took cognizance of the offence and summoned the accused to face trial.

(3.) IT may also be pointed out here that in the affidavit filed in sup port of the petition, IT has not been stated by the applicants that no Annual General Meeting of the Company was held in the relevant year. Paras 8 and 9 of the affidavit which have been relied upon by the learned counsel in support of his submission are absolutely vague. Para 8 refers to certain allegations made in the complaint when, in fact, it was no where stated in the complaint that no Annual General Meeting was held. Similarly in para 9, the averment made is with regard to the fact which was brought to the notice of Registrar of Companies. If the applicants wanted to rely upon the fact that no Annual General Meeting was held, the said fact should have been stated in clear terms and should have been sworn on the basis of personal knowledge which was not done.