Shambhu Prasad Singh, J.

1. These two appeals by the State of Bihar have been heard together and this judgment will govern both of them.

2. Respondent No. 1 of Government Appeal No 38 of 1965 is a private company incorporated under the Companies Act, 1956 , having its registered office at Jamal Road. Patna. Respondents Nos. 2 to 6 are Directors of the Company. Respondents Nos. 1 to 5 of Government Appeal No. 39 of 1965 are same is respondents Nos. 2 to 6 of the other appeal.

3. The Company and its Directors failed to file with the Registrar of Companies, Bihar, Patna, by 12-8-1962 at the latest, three copies of the Companys balance sheet and other documents as provided in Sec.220(1) of the Companies Act, 1956, for the financial year of the Company which ended on 31-12-61. A notice (Ext. 1) drawing the attention of the Company and its Directors to the said default and stating inter alia therein that the annual general meeting of the Company ought to have been held on 30-6-62 and the documents mentioned above filed with the Registrar of the Companies, Bihar, Patna. by 12-8-62, was issued to them on 25-8-62. They were also asked to make good the defaults within one month from