1971 (3) TMI 63

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....pril 4, 1968. The four petitions of appeal were presented in the High Court on July 1, 1968, by the learned advocate authorised by the vakalatnama executed by the Assistant Registrar of Companies, West Bengal, described as the appellant in all the petitions. The Assistant Registrar of Companies, West Bengal, filed petitions of complaint before the Chief Presidency Magistrate, Calcutta, alleging that certain officers/directors of the Standard Paint Works (P) Ltd. of 44, Beadon Row, Calcutta, mentioned therein were guilty of offence for non-compliance with the provisions Contained in the Companies Act, 1956, by reason of default in filing the annual return of the company together with the annual accounts and balance-sheet. Section 210 of t....

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.... of the Code of Criminal Procedure. On behalf of the appellant it was contended both in the High Court and in this court that the appeals were preferred under section 624B of the Companies Act, 1956. Section 624B is as follows : "Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the Central Government may, in any case arising out of this-Act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an appeal from an order of acquittal passed by any court other than a High Court and an appeal presented by such prosecutor or other person shall be deemed to have been validly presented to the appellate court". The contention on behalf of the appellant th....

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....ure to be filed within 30 days from the date of the grant of special leave. No application for the grant of special leave to appeal from an order of acquittal was made within 60 days from that order of acquittal. The orders of acquittal were passed on April 4, 1968. The petitions of appeal were presented on July 1, 1968. The appeals were rightly not entertained by the High Court because first there was no application for grant of special leave under section 417(3) of the Code of Criminal Procedure; secondly, the appeals were incompetent without grant of special leave, and, thirdly, these were barred by limitation. An appeal under section 417(3) against acquittal is competent only when there is special leave granted by the High Court. On obt....