KANHAIYA LAL DAREK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the cognizance order dated 8.10.2004 for the offence under Section 162(1) of the Companies Act, 1956, passed by the Court of Special Judge, Economic Offences, Patna, in Complaint Case No. 275(C) of 2004. A prayer has also been made on behalf of the petitioners to quash the entire criminal proceedings arising out of the aforesaid complaint case against them.

(2.) In brief, the case is that the opposite party no. 2, the Registrar of Companies, Bihar and Jharkhand, Patna, filed the complaint case, numbered as Complaint Case No. 275(C) of 2004 in the Court of the Special Judge, Economic Offences, Patna, against M/s Eastern Sugar and Industries Limited and its seven Directors including the petitioners with the contention that M/s Eastern Sugar and Industries Limited, was registered on 25.7.1995 bearing its Registration No.03-6630 as a Public Limited Company under the Companies Act, 1956 having its registered office in the District of East Champaran at Motihari. According to the provisions of of the Companies Act, 1956, the Company and its Directors were under the statutory obligation to file an Annual Return in the prescribed form on placing it in the Annual General Meeting of the Company to the Registrar of the Company in three copies. The Annual General Meeting of the Company for the financial year ending on 31.3.2003 should have been held latest by 30.9.2003 and the Annual Return should have been submitted on or before 29.11.2003 but the Company has not filed the Annual Return in time, in spite of show cause notice issued to the Company and its Directors and, as such, the Company and its Directors committed the continuing offences under Section 162(1) of the Companies Act, 1956 for not filing the Annual Return for the financial year ending on 31.3.2003 and, accordingly, the Opposite Party No. 2, being the public servant, in his official capacity, has filed the aforesaid complaint case. The opposite party no. 2 had also filed a petition under Section 473 of the Code of Criminal Procedure for condoning the delay in filing the aforesaid complaint petition.

(3.) The learned Special Judge, Economic Offences, Patna, vide order dated 8.10.2004 in Complaint Case No. 275(C) of 2004 took the cognizance of the offence under Section 162(1) of the Companies Act,. 1956, condoning the delay, against the Company and its Directors including the petitioners, which has been impugned through this application.