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HENDERSON, AKRAM
Surendra Nath Sarkar – Appellant
Versus
Kali Pada Das – Respondent
JUDGMENT
Henderson, J. - These are two Rules calling upon the District Magistrate of Birbhum to show cause why certain proceedings taken against the petitioners for alleged offences against certain provisions of the Indian Companies Act and of the Penal Code should not be quashed. The complainant is a policy-holder of a company known as Nabasakti Insurance Company which has been incorporated both under Act 7 of 1913 and Act 5 of 1912. The petitioner Surendra Nath Sarkar is the manager of the company. The ground upon which the rule was issued is that the Magistrate has no jurisdiction to take proceedings in these matters on a private complaint. Mr. S.K. Basu appeared in support of the rule. I may note that in Case No. 823 the allegation is one of a falsification of accounts and in Case No. 825 various offences are alleged to have been committed against the provisions of the Indian Companies Act. Mr. Basu contended that the new Indian Companies Act has made elaborate provisions for the investigation of offences in connexion with companies and for prosecution by the Advocate-General or the Public-Prosecutor. He asked us to say that in view of these elaborate provisions the intention of
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