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. 1148 of 1983 filed on 11.4.83 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 30.9.80 for the year ending 31.3.80 and the balance sheet and profit and loss account of the Company for the year ending 30. 4.79 was required to be filed under Section 220(1) of the Companies Act, 1956 in the office of the complainant on or before 30.10.80 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 162(1) of the Companies Act, 1956 (hereinafter 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(l)of the Act to present for filing the said balance sheet and profit and loss accounts along with the normal fee and additional fee.
(2.) The only point on behalf of the petitioners 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 quoted 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 that meeting should have been 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 it 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 - "If a Company fails to comply with any of the provisions contained in section 159, 160 or 161 the Company and every officer of the Company who is in default, shall be punishable with fine which may extent 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 limitation. (2) - The period of limitation shall be (a) six months, if the offence is punishable with fine only :............" Section 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, if it is satisfied.......that it is necessary so to do in the interest of justice.";