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Compounding of offence

Dilshad Saifi (CS - Professional) (56 Points)

03 July 2017

According to Section 441, Offense punishable with imprisonment or fine or both is compoundable with permission of special court. My question is that whether such permission can be obtained in GNL-1, or separate procedure is there for obtaining permission from special court. one more question is that the offenses which are punishable with imprisonment and fine, is there any way to safe the director from imprisonment by paying in monetary terms.

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Karan Batra (Creator: TheProTalks) (2325 Points)
Replied 03 July 2017

Procedure of compounding of offence:

An application for compounding of offence has to be made before the office of the Registrar of Companies where the registered office of the company is situated. A Form GNL-1 has to be filed with ROC along with the following attachments:
Board resolution passed for making an application.
Detailed application giving the general profile and history of the company, facts of the case like nature of offence and period of default, details about making the default good, prayer for compounding etc.
Copy of notice received from ROC. (Not applicable in case compounding application is made suo moto.
The office of the Registrar of Companies shall, after going through the contents of the application shall calculate the maximum amount of penalty that can be imposed for violation of provision of the Act, forward the application to office of RD or CLB/Tribunal, as the case may.
Office of RD/ CLB/Tribunal shall fix the date and time of personal hearing for the company or officer of the company who is seeking compounding of offence.
After hearing the matter, RD/CLB/Tribunal shall pass an order compounding the offence.

Thus coming to your questions, yes the permission can be taken in GHL-1 form and secondly no legally i don't see any way you can get over a declared imprisonment by paying in any amount.

Dilshad Saifi (CS - Professional) (56 Points)
Replied 04 July 2017

Thanks for your reply sir.

Last thing i want to ask is that :-

where should we apply for those offenses which are punishable with fine and imprisonment suo moto as no notice is issued against company from any authority.