KASTOOR MAL BANTHIYA Vs. STATE

JUDGEMENT

(1.) Heard the parties. The accused applicant stands convicted under S. 76 (2), Companies Act and sentenced to pay a fine of Rs. 50. The only question that arises in the application in revision is whether he had wilfully defaulted in not holding the general meeting of the Company as required under S. 76 (1) of the Act. The papers on the record of the trial Court go to show that during the relevant period his brother was lying seriously ill on account of cancer of the larynx and that he subsequently died as a result thereof. Admittedly, almost all the shares of the company are held by the accused-applicant. The only other share-holder in the company is another brother of the accused-applicant. There is thus no reason for me to suppose that there was any wilful default on the part of the accused-applicant in not holding the general meeting of the company as required under S. 76 (1) of the Act. The application in revision, in the circumstances, must be allowed and the accused-applicant acquitted.

(2.) The application in revision accordingly is allowed, the conviction and the sentence of fine of the accused-applicant are set aside and he is acquitted; the fine, if already realized, be refunded to him.