2000 (7) TMI 906

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....e directions given in 'Common Cause' a Registered Society v. Union of India AIR 1996 SC 1619. The case against the petitioners is that they are guilty of an offence under sub-section (5) of section 210 of the Companies Act, 1956 for an alleged failure to hold the annual general body meeting latest by 26-9-1987 and to lay the balance sheet and profit and loss accounts for the period in question. The offence is admittedly punishable with imprisonment for six months and/or fine of Rs. 1,000. The case against accused 1 to 4 were dismissed on account of the inability of the prosecution to secure their presence. The petitioners seek quashing of the complaint on the ground that the trial has not commenced, notwithstanding the expiry of the period ....

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....s jurisdiction and its jurisdiction is determined on the basis of provision made conferring jurisdiction under various enactments, and Companies Act is one such enactments. Merely because the offences under the Companies Act are tried by the Special Court for Economic Offences it cannot follow that all offences tried by that Court are economic offences. This is all the more so with reference to the decision in 'Common Cause' a Registered Society's case (supra). In 'Common Cause' a Registered Society's case (supra), the Supreme Court identified various offences in relation to which after the expiry of a specified time, the proceedings are to be closed or the accused discharged as the case may be. In para 4, the Supreme Court carved out excep....