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    <title>2008 (12) TMI 821 - MADRAS HIGH COURT</title>
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    <description>Non-filing of the balance sheet and profit and loss account under the Companies Act was treated as a continuing offence because the penal provision imposed a daily fine for the duration of the default. On that basis, the limitation rule applicable to completed offences did not bar prosecution. The court distinguished authorities concerning belated dividend warrants, finding them inapplicable to statutory filing defaults. It also declined to consider the defence based on winding up and appointment of a receiver at the quash stage, holding that such factual issues could not be determined there.</description>
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      <description>Non-filing of the balance sheet and profit and loss account under the Companies Act was treated as a continuing offence because the penal provision imposed a daily fine for the duration of the default. On that basis, the limitation rule applicable to completed offences did not bar prosecution. The court distinguished authorities concerning belated dividend warrants, finding them inapplicable to statutory filing defaults. It also declined to consider the defence based on winding up and appointment of a receiver at the quash stage, holding that such factual issues could not be determined there.</description>
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