BACHRAJ BAID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two matters have been heard together and this judgment will govern both.

(2.) Criminal Revision No. 375 of 1985 arises out of an application under Section 482 of the Criminal Procedure Code for quashing the impugned proceeding being C/2894 of 1983 under Section 220(3) of the Companies Act, 1956, pending before the learned Metropolitan Magistrate, Seventh Court, Calcutta.

(3.) The petitioner is a director of Clyde Fan Company Private Limited. Shri S.K. Bhattacherjee, the Assistant Registrar of Companies, West Bengal, filed a complaint before the learned Chief Metropolitan Magistrate at Calcutta, alleging, inter alia, that the annual general meeting of the company should have been held in accordance with the provisions of the Companies Act, 1956, on or before June 30, 1983, and the balance-sheet and profit and loss account of the company for the year ending on December 31, 1982, were required to be filed under Section 220(1) of the Companies Act in the office of the complainant on or before July 30, 1983. But, in spite of show-cause notices/default notices issued by the complainant, the said balance-sheet and profit and loss account as on December 31, 1982, have not yet been filed. Accused No. 1 is the company and accused Nos. 2 to 4 are officers of the company who were/are in default and were/are knowingly guilty of the said default in filing the said balance-sheet and profit and loss account. Accused Nos. 1 to 4 are, therefore, liable for punishment under Section 220(3) of the Companies Act, 1956. The petitioner has been made accused No. 2 in the said case.