NRIPENDRA KUMAR GHOSH Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This application arises out of complaints filed by the Registrar of Companies, being Case Nos. C/2083/82, C/2085/82, C/2103/82, C/2112/82, C/2138/82, C/2146/82, C/2151/82 and C/2163/82 in the Court of the Chief Metropolitan Magistrate. While some of the proceedings were commenced on an allegation that the accused persons have not filed the annual return up to September 30, 1977, to the office of the complainant though the same ought to have been filed with the complainant on or before November 28, 1977, and the default alleged is the non-compliance with the provisions of Sections 159 and 162 of the Companies Act, 1956, the other proceedings were commenced for non-compliance of Section 220(1) of the Companies Act.

(2.) In this writ petition, the petitioner prays for quashing of the proceedings and canvasses in support of the application, only the bar of limitation.

(3.) Before adverting to the question of limitation, the relevant provisions of the Companies Act should be considered. Section 159 of the Companies Act provides that every company having a share capital shall, within sixty days from the day on which each of the annual general meetings referred to in Section 166 is held, prepare and file with the Registrar a return containing the particulars specified in Pt. I of Schedule V, as they stood on that day. Section 160 provides that every company not having a share capital shall, within sixty days from the day on which each of the annual general meetings referred to in Section 166 is held, prepare and file with the Registrar a return stating the particulars as they stood on that day. Section 161 provides further provisions regarding annual return and certificate. Section 162(1) provides that if a company fails to comply with any of the provisions contained in Section 159, Section 160 or Section 161, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to fifty rupees for every day during which the default continues. Section 220(1) provides that after the balance-sheet and the profit and loss account have been laid before a company at an annual general meeting, they shall be filed with the Registrar within thirty days from the date on which the balance-sheet and the profit and loss account were so laid.