DULAL CHANDRA BHAR Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
DULAL CHANDRA BHAR
STATE OF WEST BENGAL
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(1.) IN this case a company named Bhusan Chandra Bhar and sons (Private) Limited and four directors of that company (1) Raj Krishna Bhar (2) Gadadhar Bhar (3) Panchkari Bhar (4) Dulal Chandra Bhar and the Secretary of the company (5) Sanatan Bhar were prosecuted for offences under sections 162 (1), 168, 210 (5) and 220 (3) of the Indian Companies Act, 1956 in respect of non-compliance of provisions of that Act for the years 1956, 1957, 1958 and 1959. In all, 25 cases were tried in 14 groups. In each of the cases the accused persons pleaded not guilty and at the trial one witness was examined on behalf of the prosecution and one witness was examined on behalf of the defence. Upon that trial the company accused was found guilty and fined Rs. 50/- in each case. The directors accused Nos. 1 to 3 were found guilty but were given relief under section 633 of the Indian Companies Act, 1956 and no fine was imposed on those three accused but the accused Nos. 4 and 5 were found guilty of each of the offences charged against them and each of them was fined Rs. 5/- in each case. Although the final order was passed in each case separately, one judgment was pronounced by the learned Presidency Magistrate to govern all the cases. This was done as the learned Presidency Magistrate has mentioned in his judgment.
"in view of the fact that although there is difference of years the parties, the evidence the argument and the charges are practically the same. "
(2.) THE procedure adopted, however, has been subject-matter of complaint in the Revision petition in this court on the ground that the learned Presidency Magistrate recorded evidence only in one case which was adopted in all the other cases and he did not record evidence separately in each case.
(3.) AGAINST the order of conviction and sentence Dulal Chandra Bhar and Sanatan Bhar who are accused Nos. 4 and 5 before the learned Presidency Magistrate moved this court and upon those applications Rules in Criminal Revision Cases Nos. 1249 to 1262 of 1960 were issued. The company accused and the accused Nos. 1, 2 and 3 did not challenge the order of conviction passed against them.;
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