A.C.Sengupta, J. - (1.) In this revisional application the accused petitioners being the Company and its Directors pray for quashing the proceeding of the Case No. Cj307 of 1982 filed on 1-2-82 by the respondent No.2 the Assistant Registrar of Companies against the petitioners under Section 220(3) read with Section 162(1) of the Companies Act, 1956 and the order passed in that case by the learned Magistrate taking cognizance and issuing summons against the petitioners. The respondent No. 2 filed that case on the allegations that the Annual General Meeting of the Company should have been held on 30-10-79 and the balance sheet and profit and loss account of the Company for the year ending 30-4-1979 was required to be filed under Section 220(1) of the Companies Act, 1956 in the office of the complainant on or before 30-10-1979 and that the said officers of the company having not filed the said balance sheet and profit. and loss account were liable to be punished under Section 220(3) read with Section 1620) of the Companies Act, 1956 thereinafter referred to as the Act). In the said case the complainant also prayed for giving direction to the accused officers of the Company under Section 614A(1) of the Act to provide for filing the said balance sheet and profit and loss accounts along with the normal furnished Additional fee,
(2.) The one point on behalf of the petitioner that was raised for determination in this revisional application is whether the complaint case was barred by limitation.
(3.) Before taking up this point for consideration the relevant statutory provisions are noted below for the sake of convenience: Section 220 (1) of the Act If the balance sheet and the profit and loss account have been laid before the Company at an annual general meeting as aforesaid, there shall be filed with the Registrar within 30 days from the date on which the balance sheet and the profit and loss account were so laid or where the annual general meeting of a Company for any year has not been held, there shall be filed with the Registrar within 30 days from the latest date on or before which thatmeeting should have held in accordance with the provisions of the Companies Act-(a) three copies of the balance sheet and the profit and loss account. 220(3) If default is made in complying with the requirements the Company and every officer of the Company who is in default, shall be liable to the like punishment, as is provided by Section 162 for a default in complying with the provisions of Section 159, 160 or 161. Section 162(1) of the Act-TTIf a Company falls to comply with any of the provisions contained in 5ec159, 160 or 161 the Company and every officer of the Company who is in default, shall be punishable with fine which may extend to Rs. 50{for every day during which the default continues.Section 468 Cr. P.C.-Except as otherwise provided elsewhere in this Court, no court shall take cognizance of offence of the category specified in sub-section (2) after the expiry of the period of (2) The period of limitation shall be (a) six months, if the offence is punishable with fine onlySec. 472 of the Code- In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment and the time during which the offence continues. Section 473 of the Code-Notwithstanding anything contained in the foregoing provisions.. .any court may take cognizance of an offence after the expiry of the period of limitation, it is satisfied that it is necessary so to do in the interest of justice.;