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1961 Supreme(Cal) 50

AMARESH ROY
Dulal Chandra Bhar – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Prasun Chandra Ghosh with Pramode Ranjan Roy, for Duial Chandra Bhar;
Bejoy Kumar Bhose, for Asstt. Registrar of Companies;
S.B. Mukherjee, with Amal Kumar Ghoshal, for Opposite Parties Nos. 4 and 5 in Cr. R. Nos. 1587 to 1602/60;
P.C. Mukherjee for Opposite Parties Nos. 1, 2, 3 in Cr. R. Nos. 1587 to 1602 of 1960.

ORDER

In this case a company named Bhusan Chandra Bhar and Sons (Private) Limited and four Directors of that company (1) Raj Krishna Bhar (2) Gadadhar Bhar (3) Panchkari Bhar (4) Dulal Chandra Bhar and the Secretary of the Company (5) Sanatan Bhar were prosecuted for offences under Sections 162(1), 168, 210(5) and 220(3) of the Indian Companies Act, 1956 in respect of non-compliance of provisions of that Act for the years 1956, 1957, 1958 and 1959. In all 25 cases were tried in 14 groups. In each of the cases the accused persons pleaded not guilty and at the trial one witness was examined on behalf of the prosecution and one witness was examined on behalf of the defence. Upon that trial the company accused was found guilty and fined Rs. 50/- in each case. The Directors accused Nos. 1 to 3 were found guilty but were given relief under Section 633 of the Indian Companies Act, 1956 and no fine was imposed on those three accused but the accused Nos. 4 and 5 were found guilty of each of the offences charged against them and each of them was fined Rs. 5/- in each case. Although the final order was passed in each case separately, one judgment was pronounced by the learned Presidency Magist




































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