Back
M. NIRMAL KUMAR
Vikram Kapur – Appellant
Versus
Deputy Registrar of Companies, Tamil Nadu Having Office at Shastri Bhavan, Chennai – Respondent
JUDGMENT
(Common Prayer: Criminal Original Petitions filed under Section 482 of Criminal Procedure Code to call for the records in EOCC.No.68/2018 on the file of the Additional Chief Metropolitan Magistrate [E.O.1], Egmore at Allikulam Complex, Chennai-3 and quash the same.)
Common Order
1. Crl.O.P.No.16025 of 2018 is filed by A2 to A10 and Crl.O.P.No.11345 of 2018 is filed by A1, who are facing trial in EOCC.No.68 of 2018 for the offence under Section 148(6) r/w. 148(8) ;of the Companies Act, 2013, pending on the file of the learned Additional Chief Metropolitan Magistrate [E.O.1], Egmore at Allikulam Complex, Chennai-3 and to quash the same.
2. The gist of the complaint is that the A1/Company is a wholly owned Tamil Nadu Government Company registered and incorporated under the Companies Act. The Company was formed by the Government of Tamil Nadu for development and promotion of industries in the State. The petitioners/A2 to A10 are the nominee Directors of A1 Company. The respondent, Registrar of Companies found A1/Company falls under the ambit of Cost Audit, not filed the Cost Audit Report for the financial year 2013-14, even beyond the last date of submission which is contravention
Non-compliance with Section 148 of the Companies Act, 2013, constitutes a continuing offence, and the complaint was not barred by limitation.
The main legal point established in the judgment is the interpretation and application of the period of limitation for filing a complaint under the Companies Act and the Code of Criminal Procedure.
The nature of the offenses and the prescribed penalties determine whether the offenses are continuing or one-time, and the applicability of limitation periods. Prosecutions under the repealed 1956 Ac....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
