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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. BHARATHIDASAN, J.
Teledata Technology Solutions Limited (A1), Chennai & Others - Appellant
Versus
The Deputy Registrar of Companies, Chennai - Respondent
Criminal Original Petition Nos. 2836, 2837 & 5468 to 5471 of 2015 & M.P. Nos. 1 of 2015
Decided On : 11-01-2022
Code of Criminal Procedure, 1973 - Section 482, 472 , 468 - Companies Act, 1956 - Section 159 r/w 162, 220 r/w 220(3), 161 - Continuing offence – Savings of inherent powers of High court – Respondent, Deputy Registrar of Companies, has filed three separate complaints under Section 220 r/w 220(3) of Companies Act alleging that balance sheet and profit and loss account of accused company for financial year were required to be placed in the annual general meeting of company within sixty days of close of financial years and further required to be filed with respondent office within 30 days of holding annual general meeting - Whether offences under Section 159 and 220 of Companies Act, 1956 which are punishable under Section 162 and 220(3) of Companies Act, 1956, are continuing offences are not – Held, this court has no hesitation to hold that offence under Sections 159 and 220 of Companies Act, 1956 are continuing offences and bar created under Section 468 of Cr.P.C. will not get attracted as those offences are saved by provisions of Section 472 of Cr.P.C - Insofar as next contention of counsel appearing for petitioner regarding issuance of show cause notice is concerned, it is being disputed question of fact, it could be decided only in trial and that cannot be a ground to quash complaints invoking section 482 of Cr.P.C. by this court - Criminal Original Petitions are dismissed.
JUDGMENT
Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the case in E.O.C.C.No.1 of 2014 pending on the file of the Additional Chief Metropolitan Magistrate, E.O.I, Egmore, Chennai and quash the entire criminal proceedings in E.O.C.C.No.1 of 2014 as against the petitioners.
Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the case in E.O.C.C.No.2 of 2014 pending on the file of the Additional Chief Metropolitan Magistrate, E.O.I, Egmore, Chennai and quash the entire criminal proceedings in E.O.C.C.No.2 of 2014 as against the petitioners.
Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the case in E.O.C.C.No.4 of 2014 pending on the file of the Additional Chief Metropolitan Magistrate, E.O.I, Egmore, Chennai and quash the entire criminal proceedings in E.O.C.C.No.4 of 2014 as against the petitioners. Prayer in Crl.O.P.No.5469 of 2015:- Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the case in E.O.C.C.No.3 of 2014 pending on the file of the Additional Chief Metropolitan Magistrate, E.O.I, Egmore, Chennai and quash the entire criminal proceedings in E.O.C.C.No.3 of 2014 as against the petitioners.
Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the case in E.O.C.C.No.5 of 2014 pending on the file of the Additional Chief Metropolitan Magistrate, E.O.I, Egmore, Chennai and quash the entire criminal proceedings in E.O.C.C.No.5 of 2014 as against the petitioners.
Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the case in E.O.C.C.No.6 of 2014 pending on the file of the Additional Chief Metropolitan Magistrate, E.O.I, Egmore, Chennai and quash the entire criminal proceedings in E.O.C.C.No.6 of 2014 as against the petitioners.
1. Crl.O.P.Nos.2836, 5469 and 5471 of 2015 have been filed seeking to quash the criminal prosecutions initiated in E.O.C.C.Nos.1, 3 & 6 of 2014 for the offence under Section 159 r/w 162 of the Companies Act, 1956 (hereinafter will be called as “the Act”) pursuant to the complaint filed by the respondent against the petitioners for having contravened the provisions of Sections 159 of the Act in not filing the company's annual returns upto 30.09.2010, 30.09.2011 and 30.09.2012 respectively within 60 days from the date of the Annual General Meeting (AGM), while Crl.O.P.Nos.2837, 5468 and 5470 of 2015 have been filed seeking to quash criminal prosecutions initiated in E.O.C.C.Nos.2, 4 & 5 of 2014 for the offence under Section 220 r/w 220(3) of the Companies Act, 1956 pursuant to the complaint filed by the respondent against the petitioners for having contravened the provisions of Section 220 of the Companies Act, 1956, in not having filed the balance-sheet and the profit and loss account for the financial year ending 31.03.2010, 31.03.2011, 31.03.2012 respectively within sixty days of the close of the financial year.
2. Since the parties in all these original petitions are one and the same and the issues involved are identical, all the original petitions were heard together and being disposed of by way of this common order.
3. The facts leading to the filing of the present original petitions, in brief, are as follows:-
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