https://www.taxtmi.com/caselaws?id=779389 Non-filing of the statement of affairs under Section 454 of the Companies Act, 1956 was treated as a continuing offence, so the limitation plea failed. The Court also held that the prosecution witness's affidavit evidence did not vitiate the trial because the objection to the mode of proof was not raised when tendered and was therefore waived. On the merits, the prosecution had to prove foundational facts showing wilful default without reasonable excuse, including the accused's ability to comply and the absence of a valid explanation. As that burden was not discharged, the Court found the essential ingredient unproved and the accused were entitled to acquittal. en-us Wed, 01 Oct 2025 00:00:00 +0530 Mon, 06 Oct 2025 09:10:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=779389 Non-filing of the statement of affairs under Section 454 of the Companies Act, 1956 was treated as a continuing offence, so the limitation plea failed. The Court also held that the prosecution witness's affidavit evidence did not vitiate the trial because the objection to the mode of proof was not raised when tendered and was therefore waived. On the merits, the prosecution had to prove foundational facts showing wilful default without reasonable excuse, including the accused's ability to comply and the absence of a valid explanation. As that burden was not discharged, the Court found the essential ingredient unproved and the accused were entitled to acquittal. Case-Laws Companies Law Wed, 01 Oct 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=779389