UNION OF INDIA Vs. ARPIT FABRICS PVT LTD

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant-Union of India, through Registrar of Companies, Ministry of Finance & Company Affairs, against the Judgment of acquittal dated 19.6.2002 passed by learned Special Judge Magistrate (Economic Offences) Jaipur City, (Hereinafter to be referred in short 'the learned trial Court') Jaipur in case No. 146/2002, whereby it acquitted the accused respondents for the offence under Section 159/162 of the Companies Act, 1956.

(2.) Brief facts of the case are that the Assistant Registrar, Companies, Rajasthan, Jaipur filed a complaint in the Court of Special Judicial Magistrate (Economic Offence) Rajasthan, Jaipur under Section 159/162 of the Companies Act, 1956 to the effect that according to Section 166 and its subsections the company was required to hold its Annual General Meeting for the year 2000 by 30.9.2000 and further to submit its annual return within 60 days of the holding of the meeting in terms of provisions of Section 159 of the Company Act and its sub-sections. However, the accused company failed to submit the return and even after expiry of 439 days up-to the date of the filing of the complainant i.e. 14.2.2002 the accused company failed to submit the annual return. Although default notices were issued and served upon the accused persons but still they failed to submit the return and thus, committed default in terms of the provisions of Section 159 read with 162 of the Act and thus, made themselves liable for prosecution and punishment under the provisions of Section 159 read with 162 of the Act. It was also averred that pending decision upon the complaint, the accused persons be directed to submit annual return in accordance with the provisions of Section 614-A and 611(2) of the Act. Cost of the proceedings were also demanded along-with the request that the offence made out against the accused persons be treated as an offence continuous in nature.

(3.) On the basis of this complaint the learned trial Court took cognizance against the accused respondents for the offence under Section 159/162 of the Companies Act, 1956. Thereafter, the substance of the offence was read over to them. They denied the charges, pleaded not guilty and claimed to be tried in the matter.