Rakesh Kumar and Another vs Registrar of Companies and Others

J.B. Garg, J.—This order will dispose of Criminal Miscellaneous Applications Nos. 8019M and 8020M of 1992.

Rakesh Kumar, petitioner No. 1, residing at Delhi and Om Parkash Sharma, petitioner No. 2, residing in Rajasthan, have moved the present petition u/s 482 of the Code of Criminal Procedure, challenging the complaint instituted against them for offences u/s 220/162 of the Companies Act, 1956, and the subsequent proceedings.

The petitioners have alleged that the books of account of the company had been in the control of the managing director and he was the person responsible under the Companies Act ; that the present two petitioners had resigned from the board long ago on December 1, 1989, and October 18, 1989, and that the petitioners were not liable for prosecution.

Learned counsel for the petitioners has pointed out that in para 5 of the complaint, it has been specifically alleged that the company was required to place the balance-sheet on June 30, 1986, and not later than July 29, 1986, which was the date when the period of 30 days ended after the annual general meeting whereas default was made in July, 1986. The launching of a complaint after several years is a factor which goes against the complainant, In order to support this contention, reliance has been placed on Shivalik Ice Factory and Cold Storage P. Ltd. v. Registrar of Companies [1988] 64 CompCas 113 : [1988] 2 RCR 24. Similarly, the institution of the complaint after more than six months was barred by limitation inasmuch as the offences were punishable with fine and such complaints could have been filed only within a period of six months as provided in Section 468 of the Code of Criminal Procedure.

The conclusion is that the petitions u/s 482 of the Code of Criminal Procedure succeed and the complaints and the subsequent proceedings qua the two petitioners are hereby quashed.