SANJAY Vs. COMPANY REGISTRAR

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners Sanjay Sharma and M/s. Ocean Capital Limited through Sanjay Sharma, against the judgment/order of Special Judge) Fake Currency Notes Cases) Court Jaipur City whereby appeal filed by the petitioner No. 1 against the judgment dated Feb 1, 2002 of Special Judicial Magistrate (Economic Offences) Court, Jaipur City was dismissed.

(2.) BRIEF facts of the case are that on March 2, 2001 Bhullan Singh, Assistant Registrar Companies, Raj. , Jaipur filed a complaint under Section 162 of the Companies Act 1956 (in short 1956 Act) against M/s. Ocean Capital Ltd. through Director Sanjay Sharma, Sanjay Sharma, Ajay Sharma and Vijay Sharma,. M/s. Ocean Capital Ltd. was a registered company and other three accused were its directors, who were responsible Officers of the Company for the day today work of the Company. Under Section 166 of the 1956 Act, the accused-petitioners should have held Annual General Meeting of the Company for Calendar year 1997 of the Company upto March 26, 1997 and according to Section 159 of 1956 Act the accused should have submitted the Annual Return of the Company in the prescribed form before the complainant within 60 days of the date of holding Annual General Meeting i. e. upto May 25, 1997 but the accused-petitioners have not complied with the said provisions of the 1956 Act even after expiry of 1350 days and even after the reminders sent by the complainant and that the said act of the accused amounted to an offence under Section 162 of the 1956 Act. On receiving the said complaint the Special Judicial Magistrate (Economic Offences Court) Jaipur City Jaipur took cognizance of the offence against the accused petitioners and co-accused for offence under Section 162 of 1956 Act and they were summoned to appear before the Court. On receiving summons of the case, the accused petitioners and other co-accused appeared in the Court, who stated the particulars of the offence of which the accused petitioners and other co-accused were charged to the accused which were denied by them. Thereafter the trial of the case was started and the prosecution examined P. W. 1 Ajay Kumar Meena on its behalf. In their statement under Section 313 Cr. P. C. the petitioners denied all the allegations which had been made against them by the prosecution. In defence three witnesses were produced. The Special Judicial Magistrate after hearing both the parties vide its judgment dated February 1, 2002 acquitted co-accused Ajay Sharma and Vijay Sharma of offence under Section 162 of 1956 Act. The petitioners were convicted of the offence under Section 162 of 1956 Act and sentence of fine of Rs. 450/- was imposed against each of the petitioners. In default of payment of fine the petitioners were ordered to undergo simple imprisonment of 7 days each. The trial Court also awarded expenses of litigation to the complainant @ Rs. 50 against each of the petitioners. Aggrieved against the judgment dated February 1, 2002 of Special Judicial Magistrate the petitioner No. 1 filed appeal in the Court of Sessions Judge, Jaipur City who transferred the same for disposal to the Court of Special Judge (Fake Currency Notes Cases) Court Jaipur City Jaipur who after hearing both the parties vide its judgment dated March 15, 2002 dismissed the appeal filed by the petitioner. Hence this revision petition.