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K. SURENDER
Nusun Genetic Research Ltd. – Appellant
Versus
Registrar of Companies, (for Andhra Pradesh and Telangana) – Respondent
ORDER :
1. Criminal Petition No.1360 of 2018 is filed questioning continuance of proceedings in CC No.185 of 2017, on the file of Special Judge for Economic Offences at Hyderabad, for violation of Section 148(8) of Companies Act, 2013 (for short ‘the Act of 2013’) punishable under Section 147 of the Act of 2013. According to the allegation, the company failed to get its cost accounting records to be audited by a Cost Auditor and failed to file Cost Audit Report to the Central Government within 30 days from the date of receipt of a copy of the cost audit report furnished by the Cost Auditor, as such, liable. The non-filing of the cost audit report was for the financial year ending 31.03.2014.
2. Criminal Petition No.1412 of 2018 is filed questioning continuance of proceedings in CC No.196 of 2017 on the file of Special Judge for Economic Offences at Hyderabad for violation of Section 148(8) of Companies Act, 2013 (for short ‘the Act of 2013’) punishable under Section 147 of the Act of 2013. According to the allegation, the company failed to get its cost accounting records to be audited by a Cost Auditor and failed to file Cost Audit Report to the Central Government within 30 days from
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.
Non-compliance with Section 148 of the Companies Act, 2013, constitutes a continuing offence, and the complaint was not barred by limitation.
The court emphasized the importance of considering the question of limitation and condonation of delay in summoning the petitioners to face trial.
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 Prosecutions under the repealed 1956 Ac....
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