ATUL KRISHNA BISWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as the State.

(2.) THIS application under Sec. 482 of the Cr.P.C. has been filed to quash the order dated 30.6.2003 passed by Special Judge, Economic Offence, Patna thereby and thereunder the cognizance under Sec.220(3) of the Companies Act, 1956 has been taken against this petitioner and two others.

(3.) THE other submission of the learned counsel for the petitioner is that the cognizance taken against the petitioner is barred under Sec. 468 of the Cr.RC. It is submitted that under Sec.220(3) read with Sec.162(1) of the Companies Act, 1956 the punishment is only fine up to Rs. 50.00 per day in which the limitation is only six months. It is submitted that according to the prosecution report, which is Annexure -1 of the supplementary affidavit, the petitioner alongwith other has been prosecuted for non -submission of a balance -sheet for the year 1998 -99 but the prosecution report was submitted before the court below after lapse of four years in the year 2003. It is further submitted that learned lower court without hearing the petitioner and assigning any valid reason condoned the delay and took cognizance under the above section.