Registrar of Companies vs Syed Jahangir

Sharfuddin Ahmed, J.—The Vith City Magistrate has directed the return of the complaint as the offence has been committed three years ago I.e., in the year 1958. Against this, a revision was filed and the learned Addl. Sessions Judge, Hyderabad has made, a reference for setting aside the order as in his opinion there is no provision in the Code try the return of the complaint.

An offence under the Companies Act was committed for which a complaint was lodged by the Registrar of Companies. The learned Magistrate has passed the impugned order on the ground that the default was committed in 1958 and as such it was not tenable. There is no provision in the Companies Act which imposes any 1 limitation on the powers of the Registrar to file a complaint; even otherwise the return of the complaint is not; provided by the Criminal Procedure Code. The reference is accordingly accepted, setting aside the order of the Magistrate and directing the Magistrate to proceed according to law,