Companies required the petitioners to show cause why penal action under Section 628 read with Section 211 should not be initiated against them. The petitioners ... second notice speaks of violation of both Section 211 and Section 628 of the Act on the following basis:
During the financial years
with each other amounted to offences under Sections 120B and 420
of the IPC and Section 628 of the Companies Act.
4
7. Against ... gave rise to offence under Section 120B read
with Section 420 of the Indian Penal Code as also Section 628 of the
Companies
prayer for staying the criminal proceedings pending against them Under Section 628 of the Companies Act. 1956 and 628/109. I. P, C, respectively being ... thereby the accused persons had committed an offence Under Section 120B , IPC read with Section 628 of the Companies Act, 1956. It is abundantly clear
accused Nos. 1 to 3, in a criminal prosecution under Section 628 of the Companies Act initiated against them by the first respondent. They pray ... shell, the principal allegation against them under Section 628 of the Companies Act is that there were fictitious entries in the books of accounts
conferred u/s. 248 (1) of
Cr.P.C. accused No.1 & 2 are acquitted from the offence
punishable u/s. 628 ... conferred u/s. 248
(1) of Cr.P.C., accused No.1 & 2 are acquitted
from the offence punishable u/s. 628
this
judgment is with respect to complaint u/s 1417/ 3 /09 u/s 63/628 of the Act.
2 Since beginning accused Vijay Kumar ... hopelessly time barred as limitation prescribed u/s 468(2)
r/w section 63 & 628 is three years. The prospectus dated 04.04.1996 was filed
considered the relevant provisions of law.
10 Relevant provisions of section 63 / 628 of the Act are reproduced below for
ready reference.
63. Criminal liability ... hopelessly time barred as limitation prescribed u/s 468(2)
r/w section 63 & 628 is three years. The prospectus dated 01.11.95 filed
present complaint
against the above accused persons for contravention of Section
628 of the Act.
2 The brief facts, as stated in the complaint ... were supplied.
Notice U/s 251 Cr.P.C . was framed against all the accused for
the offence punishable u/s 628
offences under Section 36(c) , 128 , 129 , 447 , 448 of
the Companies Act, 2013; under Section 209 , 211 r/w 628 of the
Companies ... offences under Section 36(c) ,
128 , 129 , 447 , 448 of the Companies Act, 2013; under Section 209 ,
211 r/w Section 628 of the Companies
property to the Company and, therefore, liable to be
prosecuted under Section 630 of the Act. This will include anyone else
who has been inducted ... GENERAL" and a few provisions therein, namely,
Sections 628 to 631 create offences and also
prescribe penalty for the same. Having regard