Section 113 – Prosecution – Limitation under the Act is 6 months. The limitation shall be counted from the date of knowledge of the offence to the complainant. Registrar of Companies v. Rajshree Sugar and Chemicals Ltd., 2000(2) Crimes 322 (SC) : AIR 2000 SC 1643.
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Company Court is not competent to take the cognizance of the offence U/S. 629 of the Act committed by the Managing Director of the Company. V. Sugandha Lal v. Boby Varghese, 2000 Cri.L.K. 4121 Kerala.
Section . 628 – Filing of flase statement in form 32 in an offence. K. Radha Krishana v. C.V. Mnaikandan, 1(1999) CCR 11 HC : 1998 Cri.LJ. 3583.
Default in Filing annual return and balance sheet of the company. The continuing offences U/Ss. 159, 162, 220 attracted. Anita Chadha v. Registrar of companies, 1999 Cri.L.J. 2433 Delhi.
The managing director is responsible for criminal liability for any offence committed by the employers/Company. 4(1996)CCR 163(SC).
S. 159/220 – the offences are continuing offences. Rani Joseph v. Registrar of Companies, Kerala, 1995 Cri.L.J. 3832 (Kerala).
Effort is really appraisable
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