1989 (9) TMI 322

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.... A.K. Chatterjee, J. - The short point raised in this revisional application is whether an offence punishable under section 630 of the Companies Act, 1956, is a continuing one or not. Material facts which may be necessary for appreciation of the contention raised on behalf of the petitioner are that he was a Deputy Divisional Manager of Bharat Petroleum Corporation Ltd., opposite party No. 2 he....

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....fence in question is a continuing one and, as such, there was no question of taking cognizance after expiry of the period of limitation. In order to determine whether an offence punishable under section 630 of the Companies Act is a continuing one or not, it is necessary to bear in mind the distinctive feature of such an offence which has been explained by the Supreme Court in Deokaran's case, ....

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....hat if any officer or employee of a company, having any property of the company in his possession wrongfully withholds it, etc., he shall, on the complaint of the company or any other person specified therein, be punishable with fine extending up to Rs. 1,000. Clearly, therefore, the offence consists of wrongfully withholding property of the company and, necessarily, the offence must continue so l....

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....ctions 159 and 220 of the said Act provide, inter alia, that the annual return and copy of balance-sheet, etc., shall be filed within a prescribed date and thus the offence is committed and completed as soon as the same were not filed within the prescribed date. On the other hand, section 630(1)(b) of the said Act, as already pointed out, makes wrongful withholding of the property of the company a....