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Issues: Whether the complaint and subsequent proceedings against the petitioners, who claimed to have resigned from the board long before the default and who were proceeded against after a long delay, were liable to be quashed.
Analysis: The petition invoked inherent jurisdiction to challenge prosecution for offences under the Companies Act. The petitioners relied on their prior resignation from the board and contended that the alleged default occurred in 1986, while the complaint was instituted several years later. The Court accepted that the delayed institution of the complaint was a material factor against the complainant and also noticed that, for offences punishable only with fine, the complaint was required to be filed within the limitation period prescribed by the Code of Criminal Procedure.
Conclusion: The complaint and the subsequent proceedings against both petitioners were quashed.
Final Conclusion: The inherent jurisdiction was exercised to terminate the prosecution as against the two petitioners on the combined grounds of delay and limitation.
Ratio Decidendi: A criminal complaint for a fine-only offence, filed beyond the statutory limitation period and against persons shown to have ceased to be directors before the alleged default, is liable to be quashed in exercise of inherent powers.
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