Delhi District Court
Complainant vs M/S. Excel Infotech Limited on 11 August, 2010
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IN THE COURT OF SH. DIG VINAY SINGH,
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
(SPL. ACTS):CENTRAL:TIS HAZARI COURTS, DELHI
CASE NOS. 26492650/03
UNIQUE ID NO:02401R0387382009 & 02401R0387392009
In re:
REGISTRAR OF COMPANIES
NCT OF DELHI & HARYANA
4th FLOOR, IFCI TOWER, 61, NEHRU PLACE,
NEW DELHI
.....COMPLAINANT
VS.
1.M/S. EXCEL INFOTECH LIMITED , 910, ANSAL BHAWAN, 16, KASTURBA GANDHI MARG, NEW DELHI110001
2. SANJEEV KUMAR CHAUDHARY, C/O ASHOK KUMAR, POLICE STATION, NEW MAN, MUZAFFAR NAGAR, U.P. 240004.
.....ACCUSED DATE OF INSTITUTION OF CASE : 03.09.09 DATE OF RESERVATION OF JUDGMENT: 11.08.2010 DATE OF PRONOUNCEMENT OF JUDGMENT: 11.08.2010 U/S. 159/162 & 220/162 OF THE COMPANIES ACT, 1956 CC nos. 26492650/03 Page 1 of 4 /e 2 COMMON JUDGEMENT IN BOTH CASES
(a) The serial no. of the case : 02401R0387382009 & 02401R0387392009
(b) The date of commission of offence : 28.02.2009 & 29.01.2009
(c) The name of complainant : Registrar of Companies, NCT of Delhi & Haryana, 4th floor, IFCI Tower, 61, Nehru Place, New Delhi.
(d)The name, parentage, residence of : 1.) M/s Excel Infotech of accused Limited, 910,Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi110001
2.) Sanjeev Kumar Chaudhary, C/o Ashok Kumar, Police Station, New Man, Muzaffar Nagar, U.P.240004
(e) The offence complained of/ proved : U/s. 159/162 &220/162 of the Companies Act, 1956
(f) The plea of accused : Pleaded guilty.
(g) The final order : Convicted
(h) The date of such order : 11.08.2010 CC nos. 26492650/03 Page 2 of 4 /e 3
(i) Brief statement of the reasons for the decision:
1. The Registrar of Companies filed two complaint cases against the abovementioned accused alleging that accused no.1 is a company and accused no.2 is its Director/Officer and responsible for compliance of the provisions of the Companies Act, 1956 and the accused no.2 Sanjeev Kumar Chaudhary represented the accused no.1 company. It is alleged that the Annual General meeting of the said company for the year ended 30.06.2008 should have been held latest by 30.12.2008 and the Balance Sheet as at 30.06.2008 should have been adopted therein. The copies of adopted Balance sheets were further required to be filed before the complainant on or before 29.01.2009. The accused did not file the Balance sheet made for the year ending 30.06.2008 before the complainant on or before the requisite date despite the issuance of Show Cause Notice to the company and director/officer and as such each of the above named accused were claimed to be guilty of the contravention of Section u/s.220/162 of the Companies Act, 1956. Similarly the annual return made upto the date of Annual General Meeting was required to be filed before the complainant within 60 days of the Annual General Meeting i.e latest by 28.02.2009. The accused failed to file the annual CC nos. 26492650/03 Page 3 of 4 /e 4 return of the company in regard to Annual General Meeting for the above noted financial year despite the issuance of Show Cause Notice to the company and director/officer and as such each of the above named accused were claimed to be guilty of the contravention of Section u/s.159/162 of the Companies Act, 1956. Accordingly, two complaints u/s .220/162 & 159/162 of the Companies Act, 1956 were filed. The accused were summoned. The accused pleaded guilty to the said offences, when notice was served upon them. On being satisfied that the accused have pleaded guilty voluntarily, both are convicted for the offences u/s.220/162 & 159/162 of the Companies Act, 1956. Let the accused be heard on the point of sentence.
ANNOUNCED IN OPEN COURT ON 11th OF AUGUST, 2010 (DIG VINAY SINGH) ADDITIONAL CHIEF METROPOLITAN MAGISTRATE SPECIAL ACTS, CENTRAL, TIS HAZARI COURTS/ DELHI CC nos. 26492650/03 Page 4 of 4 /e