https://www.taxtmi.com/caselaws?id=752502 Section 447 of the Companies Act, 2013 could not be taken cognizance of on a private shareholder complaint because Section 212(6) permits prosecution only on a written complaint by the Director, SFIO, or an authorised Central Government officer, and Section 439(1) treats such offences as non-cognizable except as provided. Section 185 was held subject to the CrPC limitation regime because the alleged punishment attracted Section 468, so delayed cognizance was time-barred. Section 452 was treated as a continuing offence under Section 472 and was not barred by limitation; joinder with Section 452 did not extend limitation for Section 185, and Section 120B IPC did not remove the defect absent separate cognizance of conspiracy. en-us Fri, 03 May 2024 00:00:00 +0530 Mon, 13 May 2024 09:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=752502 Section 447 of the Companies Act, 2013 could not be taken cognizance of on a private shareholder complaint because Section 212(6) permits prosecution only on a written complaint by the Director, SFIO, or an authorised Central Government officer, and Section 439(1) treats such offences as non-cognizable except as provided. Section 185 was held subject to the CrPC limitation regime because the alleged punishment attracted Section 468, so delayed cognizance was time-barred. Section 452 was treated as a continuing offence under Section 472 and was not barred by limitation; joinder with Section 452 did not extend limitation for Section 185, and Section 120B IPC did not remove the defect absent separate cognizance of conspiracy. Case-Laws Companies Law Fri, 03 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=752502