Karnataka High Court
Nirmal Suchanti vs The Registrar Of Companies on 17 April, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 17TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No. 189 OF 2017
BETWEEN:
Nirmal Suchanti
S/O. Harshchand Suchanti,
Aged Major, About 72 Years,
13b, Jolly Maker Apartments,
No.1, Cuffe Parade,
Bombay - 400 021.
...PETITIONER
(By Shri Jeevan Kumar B.S., Advocate)
AND:
1. The Registrar of Companies,
II Floor, 'E' Wing, Kendriya Sadan,
Koramangala,
Bengaluru - 560 034.
2. M/s. Fair Growth Financial Services Limited,
22/11, Vittalmalya Road,
Benglauru - 560 001.
Represented by Shri K.Dharmapal, Director,
2
3. K.Dharmapal,
Aged Major,
# 301, Nyayadeep Trishul, Link Road,
Oshiwara Village Complex,
Next to Laxmi Industrial Estate,
Bombay - 400 063.
4. R.Lakshminarayana,
Aged Major,
# 37/2, 13th Cross, Off Margosa Road,
Malleshwaram
Bengaluru - 560 003.
5. Acharya Arun Dev,
Aged Major,
# 7D, Doctors Lane, Gole,
Market,
New Delhi - 110 001.
6. Farrokh Sorab Broacha,
Aged Major,
# 107, Vikas Building
11 Bank Street Fort,
Bombay - 400 013.
...RESPONDENTS
(By Shri Venkat Sathyanarayana A. Central Government
Standing Counsel for R-1)
*****
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, praying to quash the order
of cognizance dated 27.08.2015 passed by the learned Spl.
Court for Economic offences, Bengaluru in C.C.No.253/2015
3
produced at Annexure-A to the Crl.P and consequently quash
the entire proceedings pending before special court for
economic offences, Bengaluru in C.C.No.253/2015 produced at
Annexure-A to the Crl.P.
This Criminal Petition coming on for Admission this day,
the court made the following:
ORDER
The learned Central Government Standing Counsel Shri Venkat Sathyanarayana A., is directed to take notice for the Registrar of Companies.
2. The respondent No.1 - Registrar of Companies is said to have filed a private complaint against the petitioner and five others alleging offences punishable under sub-section (3) of Section 220 of the Companies Act, 1956. The second respondent which is arrayed as Accused No.1, is a public limited company incorporated under the Companies Act, 1956 with its registered office at Bangalore. It is the allegation in the complaint that Accused Nos.2 to 6 are the Directors of the said company and have defaulted within the meaning of Section 5 of the Companies Act, 1956. It is alleged that the petitioner and 4 the Directors were required to submit a balance sheet and profit and loss account for each financial year ending on March 31st, within 30 days from the day when the balance sheet and profit and loss accounts were laid or in case where no Annual General meeting was held, within 30 days from the latest day on or before which the Annual General Meeting of the company should have been held.
The allegation of the complainant is that the accused had failed to do so and therefore, have committed an offence punishable under the section as aforesaid, which prescribes a fine of upto Rs.500/- for each day during which the default continues and that the default is a continuing one.
3. It is found that the complaint is filed after a delay of 18 years. It is pointed out that in terms of Section 468 of the Code of Criminal Procedure, 1973, there is a bar taking cognizance after a lapse of the period of limitation prescribed. The period of limitation in respect of the offences for which the punishment is fine only, is a period of six months. In that light 5 of the matter, cognizance having been taken after 18 years, is clearly barred by limitation, which has been completely over- looked by the court below and hence, the learned counsel for the petitioner seeks quashing of the proceedings.
4. The learned counsel for the respondent does not seriously dispute this preliminary objection to the pending proceedings.
Consequently, the petition is summarily allowed. The proceedings initiated in C.C.No.253/2015 on the file of the Special Court for Economic Offences, Bangalore, stands quashed.
I.A.1/2017 stands disposed of as a consequence.
Sd/-
JUDGE KS