Company compliance default cannot be excused by failure to hold the annual general meeting; conviction was upheld.

A company compliance defence based on non-holding of the annual general meeting was rejected where the defaulting party itself could have convened the meeting. The Court held that a person charged with an offence cannot rely on its own failure to meet the statutory timetable as an answer to non-filing of the balance-sheet within thirty days of the annual general meeting. The conviction for contravention of the Companies Act was therefore upheld, and the revision was dismissed, although the fine was reduced.

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Issues: Whether the petitioners could avoid conviction for failure to file the balance-sheet within the prescribed time on the ground that the annual general meeting had not been held.

Analysis: The filing of the balance-sheet was required within thirty days from the annual general meeting. The petitioners' defence was that, since no annual general meeting had been held for the relevant year, they were unable to comply. The Court held that a person charged with an offence cannot rely on his own default as an answer to the charge. If the persons responsible for compliance could themselves have convened the meeting, they cannot defeat the statutory requirement by wilfully failing to do so.

Conclusion: The conviction under section 220 of the Companies Act was upheld. The revision was dismissed, though the fine was reduced.

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