Distinct company-law offence does not bar investigation of separate Indian Penal Code offences despite overlapping facts.

A provision creating a distinct company-law offence does not bar police investigation into separate and more serious offences under the Indian Penal Code merely because the facts overlap. Section 282A of the Indian Companies Act, 1913, corresponding to section 630 of the Companies Act, 1956, was treated as dealing with an offence different in nature and seriousness from offences under sections 406, 409 and 477A IPC. The police investigation into the penal offences was therefore not barred, and the investigating officer could continue the inquiry.

---

---

Issues: Whether the police investigation into offences under the Indian Penal Code was barred by section 282A of the Indian Companies Act, 1913, corresponding to section 630 of the Companies Act, 1956.

Analysis: Section 282A was held to deal with an offence distinct from the offences punishable under sections 406, 409 and 477A of the Indian Penal Code. The difference in the nature and seriousness of the offences, as reflected in the respective punishments, showed that the Companies Act provision could not operate as a bar to investigation of the penal offences under the Penal Code.

Conclusion: The investigation was not barred and the police officer was entitled to continue the investigation.

Ratio Decidendi: A provision creating a lesser and distinct company-law offence does not bar investigation into separate and more serious offences under the Indian Penal Code merely because the facts may overlap.

---