ASSISTANT REGISTRAR OF COMPANIES WEST BENGAL Vs. STANDARD PAINT WORKS PRIVATE LIMITED
LAWS(SC)-1971-3-55
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on March 01,1971

ASSISTANT REGISTRAR OF COMPANIES,WEST BENGAL Appellant
VERSUS
STANDARD PAINT WORKS PRIVATE LIMITED Respondents

JUDGEMENT

Ray, J. - (1.) These appeals are by certificate from the judgment dated 13 August, 1968 of the High Court at Calcutta holding that the memorandum of appeals from an order of acquittal were barred by Article 114 of the Limitation Act, 1963.
(2.) The appeals were directed against orders of acquittal passed by the Presidency Magistrate, Calcutta on 4 April 1968. The four petitions of appeal were presented in the High Court on 1 July, 1968 by the learned Advocate authorised by the Vakalatnama executed by the Assistant Registrar of Companies, West Bengal described as the appellant in all the petitions.
(3.) The Assistant Registrar of Companies. West Bengal filed petitions of complaint before the before the Chief Presidency Magistrate, Calcutta alleging that the certain officers/directors of the Standard Paint Works (P) Ltd. Of 44 Beadon Row. Calcutta mentioned therein were guilty of offence for noncompliance with provisions contained in the Companies Act, 1956 by reason of default in filing Annual Return of the Company together with the Annual Accounts and Balance sheet Section 210 of the Companies Act requires annual accounts and balance sheet of the Company to be filed within the time mentioned in the section If any person being a director of the company fails to take all reasonable steps to comply with the provisions of Section 210, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months. or with fine which may extend to one thousand rupees, or with both. The complainant in filing the petitions of complaint prayed for exemption of personae appearance under proviso to Section 247 of the Code of Criminal Procedure read with Section 621 (1-A) of the Companies Act .;


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