REGISTRAR OF COMPANIES Vs. HIMPRASTHA FINANCIERS P LTD

JUDGEMENT

(1.) THE Sessions judge, Jullundur, has reported this case for revision under Section 438 of the Code of Criminal Procedure in the following circumstances:

(2.) THE petitioner, the Registrar of Companies, filed a complaint against M/s. Himprastha Financiers, respondent No. 1, a private limited company and its directors, for offences alleged to have been committed under Section 162 of the Companies Act, 1956. According to the Supreme Court ruling in Assistant Registrar of Companies v. Standard Paint Works (Pvt.) Ltd. , [1971] 41 Comp. Cas. 474; [1971] 3 S. C. R. 859; A. I. R. 1971 S. C. 1115 the case is to be treated as one instituted otherwise than on a police report. The learned trial Magistrate convicted the respondents but giving them the benefit of Section 3 of Probation of Offenders Act released them after an admonition. The complainant filed a revision petition for the enhancement of the sentence.

(3.) SECTION 11 of the Probation of Offenders Act, relevant portions whereof have been reproduced below, provides a right of appeal against orders passed under Sections 3 and 4 of the said Act: