BADRI NARAIN Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Badrinarain and Nandlal against the appellate order of the Additional Sessions Judge, Jaipur City dated 6th July, 1959, dismissing the petitioners' appeal and maintaining their convictions under sec. 86d of Indian Companies Act, 1913 and sentence of Rs. 200/- fine on each.

(2.) THE Registrar of Companies, Rajasthan, Jaipur forwarded a complaint against the petitioners to the District Magistrate on 21st June, 1957 which was ordered to be forwarded to the City Magistrate for disposal. THE public prosecutor presented this complaint before the City Magistrate on 16. 9. 57. THE allegations made in the complaint were as follows - That the Vyapar Sangh Ltd. , Chomu was incorporated and registered as a public limited company on 10-12-1946 under the provisions of THE Jaipur Companies Act, 1943. THE accused No. 1 Badrinarain was its director from the very inception of the company. THE accused No. 2 was appointed as director of the Company on 1. 11. 1946,

(3.) THE general principles, the scheme and the language of the relevant provisions unmistakably point out that they are intended to regulate the actions of the registrar or liquidator or other authorities under the Company Law in connection with the administration of the Company Law and cannot be taken to regulate the trials by criminal courts. It follows that the trials completed by the criminal courts cannot be allowed to be vitiated on account of the prior noncompliance by the authorities under the Company Act, of certain provisions made for their guidance in connection with the initiation of prosecutions and no judgment, order or sentence passed after trial should be reversed on account of error or irregularity committed in these pre-trial matters. It will be proper to treat them like irregularities committed in the course of investigation not affecting the validity of the trial. THE objection on the ground of compliance with the relevant provisions of law is without force and must be rejected.