TaxTMI 
TaxTMI 
TaxTMI 
2022 (1) TMI 1493
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....s follows : Crl.O.P.No.29141 of 2017 : (E.O.C.C.No.207 of 2013) 3.1. The allegations in the complaint are that, during inspection, it was observed that the balance sheet and income and expenditure account for the period ending 31.03.2010 were laid after the period ending by more than six months in the AGM held on 28.09.2010, contravening Section 210 of the Companies Act. Crl.O.P.No.29142 of 2017 : (E.O.C.C.No.206 of 2013) 3.2. The allegations in the complaint are that, during inspection, it was observed that the company has not attached the Directors report in the Audited statement of accounts and balance sheet for the financial year ending 31.03.2010 and has also not furnished the Directors' Responsibility Statement, contravening Section 217(2AA) of the Companies Act. Crl.O.P.No.29143 of 2017 : (E.O.C.C.No.205 of 2013) 3.3. The allegations in the complaint are that, during inspection, it was observed that the balance sheet as on 31.03.2010 does not give true and fair view of the state of affairs of the company, contravening Section 211(1) of the Companies Act. Crl.O.P.No.29144 of 2017 : (E.O.C.C.No.210 of 2013) 3.4. The allegations in the complaint are ....
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....1 of 2017 : (E.O.C.C.No.214 of 2013) 3.11. The allegations in the complaint are that, during inspection, it was observed that the company has not maintained proper Books of Account with respect to all sums of money received and expended by the company, contravening Section 209(1) of the Act. Crl.O.P.No.29152 of 2017 : (E.O.C.C.No.213 of 2013) 3.12. The allegations in the complaint are that, during inspection, it was observed that the company has not given the details of the secured creditors in the balance sheet as at 31.03.2008, 31.03.2009, 31.03.2010 and 31.03.2011, including the interest accrued and dues on secured loans and nature of security, contravening Section 211 r/w. Part I of Schedule VI of the Companies Act. Crl.O.P.No.29153 of 2017 : (E.O.C.C.No.212 of 2013) 3.13. The allegations in the complaint are that, during inspection, it was observed that the Management have not given the fullest information and explanation in their report on reservation, qualification or adverse remark contained in Auditor's Report, contravening Section 217(3) of the Companies Act. Crl.O.P.No.29154 of 2017 : (E.O.C.C.No.211 of 2013) 3.14. The allegations in the complain....
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....ion and date of alleged occurrence and the complaints have been filed with an inordinate delay, which is barred by limitation and there are no details in the complaints as to when the application was filed for obtaining sanction and when sanction was accorded to exclude the limitation period. The learned Senior Counsel further submitted that the very complaint itself indicates that the show cause notice was issued in the year 2013, i.e., after three years from the date of alleged violations/offence in the year 2010. Therefore, the complaints are expressly barred by limitation. Therefore, the learned Senior Counsel submitted that the trial Court ought not to have taken cognizance of the complaints and very taking cognizance itself is barred by Section 468 Cr.P.C. Hence, the learned Senior Counsel prayed for quashing the prosecutions launched by the respondent. 6. The learned Standing Counsel appearing for the respondent submitted that, in some of the cases, provisions of law have not been properly made and in fact, it is averred as if there is violation of Section 25 of the Companies Act, 1956, but the violations are only under Section 211(7) of the Act. Hence, it is his submissi....
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....exclusion of time in certain cases. Clause (3) of Section 470 Cr.P.C. indicates that, where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, than, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. The explanation appended to Clause (3) of Section 470 Cr.P.C. makes it clear that, in computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded. 11. From the above explanation, it is very clear that the period from the date of application for obtaining consent or sanction till the date of according such sanction, shall be excluded. However, it is relevant to note that the entire complaint is bereft of details as to when such application for sanction was m....