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.

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 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.

3. Criminal Petition No.1414 of 2018 is filed questioning continuance of proceedings in CC No.186 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.

4. The proceedings are mainly questioned on the ground of the complaint being filed beyond limitation.

5. Learned counsel appearing for the petitioners would submit that the limitation runs from 01.10.2014 or 01.11.2014, which is the default date. The complaints were filed on 31.05.2017. Further, the notice dated 14.06.2016 was issued under Section 233B (11) of the Companies Act, 1956 r/w sub section 8 of Section 148 of the Act of 2013, but the provisions under Section 233B(11) of the Companies Act, 1956 was repealed, as such, notice is illegal. The period of limitation for filing of complaint cannot be calculated from the date of granting of sanction which is 03.10.2016.

6. On the other hand, learned counsel appearing for the respondent/complainant would submit that complaint filed is well within time and it is for the trial Court to decide whether an offence is made out or not, after adducing evidence.

7. As seen from the record, notice which was sent is dated 14.06.2016. According to the said notice sent by the Registrar of Companies, it was observed from the records of the accused company that the cost audit report was not filed with the Central Government for the financial year ending 31.03.2014 within the stipulated time.

8. The period of limitation is dealt under Code of Criminal Procedure under Section 468 to 473. Admittedly, punishment prescribed under the Section 147 of the Companies Act is one year in the present facts of the case. Accordingly, under Section 468 of Cr.P.C, the period of limitation for an offence punishable is one year under Section 468(2)(b) of Cr.P.C. Under Section 469 of Cr.P.C, the commencement of period of limitation is prescribed. For the sake of convenience, the same is extracted hereunder:

“Section 469 Commencement of the period of limitation:

(1) The period of limitation, in relation to an offender, shall commence,-

(a) on the date of the offence; or

(b) where