1986 (3) TMI 251

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.... against the three directors, the respondents herein under sections 209A(2) and 209A(8) of the Companies Act, alleging that the respondents are the directors of the above-mentioned company, that during the inspection of the company at its registered office on March 15, 1975, March 17, 1975, and March 19, 1975, certain irregularities were found by the Assistant Registrar of Companies, that subsequently a report was sent to the Government of India under section 209A(6) of the Companies Act, and that, thereafter, exhibit P-1 notice was sent to the directors of the company on August 23, 1975, pointing out the omissions and calling upon the directors to rectify the omissions and to submit a report. Several letters were exchanged and finally the ....

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....ore, dismissed the complaint. In the appeal, the learned public prosecutor submitted that the order of acquittal is not sustainable and reiterated the same contentions. The learned public prosecutor submitted that since the accused had been given final notice giving them opportunity to rectify the mistakes within a specific period mentioned in the notice, limitation would start only from the date of the expiry of the time mentioned in the final notice. I do not agree with the learned public prosecutor. In fact, the learned Magistrate considered the point whether the offence is a continuing one or not and found that it is not a continuing offence after referring to sections 162 and 209 A(2) of the Companies Act. Under section 162 of the Comp....

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....directors to furnish such statement, information or explanation relating to the affairs of the company within such time and at such place as he may specify. Based on this provision, the Assistant Registrar of Companies pointing out the omissions has called upon the directors of the company under exhibit P-1 to rectify the mistake and also produce the necessary documents. It is significant to note that section 209A(2) does not say that the inspecting authority may call upon them (directors) to give information or produce documents within such time or within the extended time. It only says that the inspecting officer may require them to give information "within such time". In other words, the time fixed by the Assistant Registrar in the first....