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MADRAS HIGH COURT
V. BHARATHIDASAN, J
M/S.TELEDATA TECHNOLOGY – Appellant
Versus
THE DEPUTY REGISTRAR OF – Respondent
CRL OP/2836/2015
COMPANIES ACT - [SECTION 159, 162, 220, 220(3)] - Continuing Offence - Offences under Section 159 and 220 of the Companies Act, 1956 are continuing offences and the bar created under Section 468 of Cr.P.C. will not get attracted as those offences are saved by the provisions of Section 472 of Cr.P.C.
Fact of the Case:
The petitioners were directors of a company that failed to file annual returns and balance sheets with the Registrar of Companies. The Deputy Registrar of Companies filed complaints against the petitioners for offences under Sections 159 and 220 of the Companies Act, 1956. The petitioners filed petitions to quash the complaints on the ground that the offences were not continuing offences and were barred by limitation.
Finding of the Court:
The court held that the offences under Sections 159 and 220 of the Companies Act, 1956 are continuing offences and the bar created under Section 468 of Cr.P.C. will not get attracted as those offences are saved by the provisions of Section 472 of Cr.P.C.
Issues: Whether the offences under Sections 159 and 220 of the Companies Act, 1956 are continuing offences.
Ratio Decidendi: The court relied on the following principles:- The expression “continuing offence” has not been defined in the Code of Criminal Procedure, 1973. However, the courts have explained the same in number of judgments.- In the case of a continuing offence, the ingredients of offence continues even after the offence takes place, whereas in an instantaneous offence, the offence took place once and for all, in such case, there is no continuance of offence.- For the offence arising out of a failure to comply with a statutory provision, which involves penalty, the liability continues until the default is complied with and on every moment of such non compliance occurs and recurs, there is an offence committed and it is a continuing offence until the default is complied with.
Final Decision: The court dismissed the petitions and held that the complaints were not barred by limitation.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders Reserved on
: 20..12..2021
Orders Pronounced on : 11..01..2022
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Criminal Original Petition Nos.2836, 2837 and 5468 to 5471 of
2015
and
M.P.Nos.1 of 2015
1.M.s.Teledata Technology Solutions Limited (A1)
Teledata Tower, First Floor,
37/1, Velachery Tambaram Main Road,
Velachery, Chennai.
2.Sakthivel Natarajapillai (A2)
3.Balasubramanian Krishnamurthy (A3)
4.Jagadish Girish
... Petitioners in all Crl.O.Ps.
-Versus-
The Deputy Registrar of Companies,
Tami Nadu,
Having Office at Shastri Bhavan,
26, Haddows Road,
Chennai 600006.
... Respondent in all Crl.O.Ps.
Prayer in Crl.O.P.No.2836 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.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.
Prayer in Crl.O.P.No.2837 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.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.
https://hcservices.ecourts.gov.in/hcservices/
Prayer in Crl.O.P.No.5468 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.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.
Prayer in Crl.O.P.No.5470 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.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.
Prayer in Crl.O.P.No.5471 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.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.
For Petitioner(s)
: Mr.V.K.Sathiamurthy
for Mr.C.Rajan for
petitioners in all
Criminal
Original
Petitions
For Respondent(s)
: Mr.A.Kumaraguru,
SPC for respondent in
all Criminal Original
Petitions
COMMON ORDER
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
https://hcservices.ecourts.gov.in/hcservices/
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 pro
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