REGISTRAR OF COMPANIES Vs. HARIBANSHA MISRA

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Additional Sessions Judge in criminal Appeal No. 262c of 1965, acquitting the accused persons who in the trial court were convicted and sentenced to payment of fine under Section 220 (3) of the Companies Act, 1956,

(2.) THE accused persons were prosecuted on the undisputed fact that they did not file three copies of the balance sheet and the other papers for the financial year ending 31-3-1963 till 12-11-1963 before the Registrar of Companies, as required under Section 220 (1) of the Companies Act, 1956.

(3.) THE defence took the plea that as the required balance sheet could not be prepared for reasons beyond their control, it could not be laid before the Annual general Meeting of the Company, and as such the question of filing the copies of the balance sheet before the Registrar of Companies according to Section 220 of the said Act would not arise.