SHRI NARESH CHANDRA AGARWAL, ADULT, OCCUPATION-DIRECTOR/OFFICER AND SHRI KEDARNATH P. AGARWAL, ADULT, OCCUPATION - DIRECTOR/ OFFICER Vs. GOVERNMENT OF INDIA,MINISTRY OF COMPANIES AFFAIRS, OFFICE OF REGISTRAR OF COMPANIES, SHRI SANJAY KUMAR GUPTA, REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The petitioners, who are the original accused nos. 2 and 3 in Labour Case No.43/2009/B pending before Judicial Magistrate First Class Panaji, have invoked jurisdiction of this Court under Section 482 of the Criminal Procedure Code.

(2.) The respondent filed a private complaint alleging commission of offence under Section 97(3) of The Companies Act ("The Act" for short) against the petitioners and others on the ground that they have committed offence punishable under Section 97(3) of The Act by not filing with the Registrar of the Companies notice of increase of share capital in terms of Section 97(1) of The Act.

(3.) Learned Magistrate, by order dated 17th February, 2010, issued process against the petitioners and the company. The petitioners preferred Criminal Revision Application to the Sessions Court at Panaji bearing No.86/2010 against the order issuing process. The petitioners annexed certain documents with the revision application before the Sessions Court in support of their stand that no offence was committed by the petitioners. The petitioners contended before the revisional Court that the complaint and material produced did not disclose contravention of Section 97(3) of The Act and that complaint was barred by limitation. Additional Sessions Judge, who heard the revision application by Judgment and order dated 7th October, 2010 dismissed the revision application holding that offence under Section 97(3) was continuing offence. Learned Additional Sessions Judge, held that form 5 was not filled by the petitioners till the date of the judgment and as such offence punishable under Section 97(3) was made out.