BHAGIRATH CHANDRA DAS Vs. EMPEROR

JUDGEMENT

(1.) These four Rules arise out of a prosecution under Sections 32 and 134 of the Indian Companies Act. The four petitioners were tried jointly by the Chief Presidency Magistrate, Calcutta, the allegation against them being that they were directors of a company known as the City Commercial Bank Ltd., that company held an annual general meeting on Oct. 29, 1944, and that was the only general meeting of the company held during the year 1944. The further allegation was that no list of shareholders and summary were submitted within 21 days of that meeting as required by Sec. 32 of the Indian Companies Act; and that the accused persons, as directors, knowingly and wilfully authorised and permitted the company to commit the default and that they thereby committed an offence punishable under Sec. 32(5) of the Indian Companies Act. The other charge was that they omitted to file with the Registrar three copies of the balance sheet and profit and loss account made up to a date not earlier than the date of the meeting by more than nine months as required by Sec. 134 of the Indian Companies Act and that they as directors of the company knowingly and wilfully authorised or permitted the company to make this default and that they thereby committed an offence punishable under Sec. 134(4) of the Indian Companies Act.

(2.) One witness was examined and a large number of documents were produced.

(3.) The learned Magistrate held that of the present petitioners B.C. Das was guilty only under Sec. 134 but not guilty under Sec. 32(5) of the Act and sentenced this petitioner to pay a fine of Rs. 200 and in default to undergo simple imprisonment for three months. The remaining three petitioners were found guilty on both charges, they were sentenced under Sec. 134(4) of the Indian Companies Act each to pay a fine of Rs. 100 and in default to undergo one month's simple imprisonment. No separate sentence was imposed under section 32(5) of the Indian Companies Act.