TaxTMI 
TaxTMI 
2018 (12) TMI 961
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....at the ROC, Bangalore has issued show cause notice dated 03.03.2017 baring no. ROC/SVK/SCM/37/DN/2017 stating to him that since he was the directors in more than 20 Private Limited Companies at a time in contravention of provisions of Section 165(1) and 165(3) of the Companies Act, 2013, why he should not be prosecuted. Upon receipt of the notice, the applicant informed ROC Bangalore that way back in the year 2015 he had tendered resignation as a director of the companies and is no more director in more than 20 Private Limited Companies. However, he admitted that for certain period of time he was director in more than 50 Private Limited Companies at a time. The registered offices of most of those Companies were then situated at Bangalore in....
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....ata and having registered office of some of his companies in Kolkata, ld. Counsel submitted that when notice under Section 165(1) and 165(3) of the Companies Act, 2013 was issued to the applicant, the registered office of almost all companies in which he was director, were situated in the Bangalore. Pending the prosecution the applicant shifted registered office of some of companies to Kolkata. Hence, this Tribunal has jurisdiction to consider this Application. 7. I have given anxious thought to the submission to Ld. Counsel for the applicant. Sum and substance of his submission appears as that since the applicant is now residing in Kolkata and some of registered offices of the Companies wherein he is director now shifted to Kolkata, this ....
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....mpounded if the investigation against such company has been initiated or is pending under this Act. (2) Nothing in sub-section (1) shall apply to an offence committed by a company or its officer within a period of three years from the date on which a similar offence committed by it or him was compounded under this Section. Explanation - For the purposed of this Section,- (a) any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence; (b) "Regional Director" means a person appointed by the Central Government as a Regional Director for the purposes of this Act. (3) (a) Every application for the compou....
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....e or register with, or deliver or sent to, the Registrar any return, account or other document, may direct, by an order, if it or he thinks fit to do so, any officer or other employee of the company to file or register with, or on payment of the fee, and the additional fee, required to be paid under Section 403, such return, account or other document within such time as may be specified in the order. (5) Any officer or other employee of the company who fails to comply with any order made by the Tribunal or the Regional Director or any officer authorised by the Central Government under sub-section (4) shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one lakh rupees, or with both. ....
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....sions of Criminial Procedure Code, 1973 are not applicable for place of Inquiries, Investigation and Trials and matters related to the prosecution under the Companies Act, 2013. 10. In this case the applicant alleged to have committed the offence under Section 165(1) and 165(3) of the Companies Act, 2013 within jurisdiction of Special Judge (Commercial Court) Bangalore. Ld. Special Judge at Bangalore is dealing with criminal case against the applicant. In such situation this Tribunal cannot get jurisdiction to consider the application for compounding of the offence against the applicant only because he shifted registered offices of some of his companies from Bangalore to Kolkata. This application for compounding of the offence for which tr....