2008 (8) TMI 567

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....irs, against the judgment of acquittal dated 14-8-2002 passed by learned Special Judicial Magistrate (Economic Offices), Jaipur City, (hereinafter to be referred in short 'the learned trial Court'), Jaipur in criminal case No. 549/2000, whereby it acquitted the accused respondents for the offence under section159/162 of the Companies Act, 1956. 3. Brief facts of the case are that the Assistant Registrar, Companies, Rajasthan, Jaipur filed complaint in the Court of Special Judicial Magistrate (Economic Offence), Rajasthan, Jaipur under section 162 of the Companies Act, 1956 to the effect that according to section 166 and its sub-sections the company was required to hold its Annual General Meeting and further to submit its annual return wi....

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.... of the accused respondents under section 313 Cr.P.C. were recorded. 7. After conclusion of the trial, the learned trial Court vide its judgment dated 14-8-2002 acquitted the accused-respondents from the aforesaid offences. 8. Aggrieved with the impugned judgment of acquittal dated 14-8-2002 passed by learned trial Court, the appellant Union of India has preferred the instant appeal. 9. In this appeal Mr. Shyam Kant Sharma appearing on behalf of Mr. Kamlakar Sharma, Addl. Solicitor of Union of India, submits that the prosecution could not muster up sufficient evidence to prove the charges. The statement recorded by the prosecution witness is not clearly worded. The statement recorded by the prosecution witness was not only clear bu....