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1952 (4) TMI 16
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....T Somasundaeam, J. - This is an appeal by the State against the acquittal of the respondents herein on the ground that no proper sanction has been accorded for the prosecution of the accused for offences under section 76 and 131 of the Indian Companies Act. A complaint was laid against the respondents by the Assistant Registrar at the instance of the Registrar of Joint Stock Companies for th....
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....ishing such returns, documents or notices as the law requires them to furnish or for any other non-compliance of the provisions of the Act for which penalties are provided therein." Clause (b) says: "Whenever it is found necessary to enforce the penal provisions of the Act against any company or person, the Registrar or Assistant Registrar, as the case may be, shall request the State Counsel....
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....used as there was no such complaint of the District Magistrate or at his instance. With regard to the offences under the Indian Companies Act there is no provision that any offence should not be taken cognizance of unless the complaint is filed by any of the persons mentioned in the Act. In the absence of such a provision the normal rule namely that any person may set the criminal law in motion....