STATE Vs. GURDIAL SINGH GILL

JUDGEMENT

(1.) THIS order will dispose of two Criminal Appeals Nos, 10 and 11 of 1960 as the points arising for decision in both the cases are the same.

(2.) ON 18th December, 1958, the Registrar of Companies Punjab and Himachal Pradesh, instituted two complaints in the Court of Additional District Magistrate, Jullundnr, under sections 220/162 and 159/162 of the Companies Act against Messrs Malwa Agricultural Society ltd. and its four Directors, namely, Gurdial Singh Gill, Dr. Autar Singh Gill, Dr. Iqbal Singh and shri Jagdish Singh, (respondents before us ). It was alleged that the Company and Us Directors had committed default and failed to file the annual balance-sheet and the return, which should have been furnished to the Registrar at the latest by 22nd October 1958, in spite of notices issued to each of them individually.

(3.) ON 3rd June 1959 when the summary trial in both the cases commenced all the four Director of the Company appeared and pleaded guilty. Thereupon the learned Additional District magistrate convicted each of the Directors in both the cases. In the case in which they were prosecuted under Sections 220/162 of the Companies Act, Gurdial Singh respondent, Managing director, was sentenced to a fine of Rs. 200/- while the other three Director Dr. Autar Singh, Dr. Iqbal Singh and Shri Jagdish Singh were ordered to pay a fine of Rs. 100/- each. In default of payment of fine Gurdial Singh was directed to undergo two months' simple imprisonment and the remaining Directors to one month's imprisonment of the same nature. In the other case under sections 159/162, Companies Act, a fine of Rs. 100/- was imposed upon Gurdial Singh and Rs. 50/- on each of the other three Directors. In default of payment Gurdial Singh was ordered to undergo one month's and others to 15 days simple-imprisonment. The learned Magistrate, however, passed no order with regard to the acquittal or conviction of the Malwa Agricultural society Ltd. in any of the two cases.