REGISTRAR OF COMPANIES Vs. UTKAL DISTRIBUT

JUDGEMENT

(1.) THIS is an appeal under Section 374 of the Code of Criminal Procedure, 1973, directed against the judgment of acquittal passed by a learned Magistrate acquitting the respondents of an offence punishable under Section 162(1) of the Companies Act, 1956 (hereinafter referred to as 'the Act').

(2.) COMPLAINT was laid by the Registrar of Companies on the allegation that the Utkal Distributors Private Ltd. was incorporated as a company under the Indian Companies Act of 1913, on April 28, 1948, and is an existing company as denned under Section 3(1)(ii) of the Act. Under Section 159 of the Act, the company and its directors had the statutory obligation to file with the Registrar an annual return in the prescribed form made up to the date of the annual general meeting. The annual general meeting of the year 1971 . was to be held on or before the 30th of September, 1971, and the return had to be filed before the Registrar on or before November 29, 1971, as provided under Section 159(1) of the Act. The Registrar served notice on the officers of the company asking for compliance, but there has been default and such default has continued from 30th of November, 1971, till the date of complaint, i.e., 30th May, 1972. The default thus continued up to the date of complaint covering a total period of 182 days.

(3.) PROSECUTION examined one witness and two witnesses were examined on behalf of the defence. The learned Magistrate recorded an order of acquittal by holding :