LexASSTI. REGISTRAR OF COMPANIES, WEST BENGAL versus STANDARD PAINT WORKS (P) LTD. & ORS.
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A B c ASSTI. REGISTRAR OF COMPANJES, WEST BENGAL v. STANDARD PAINT WORKS (P) LTD. & ORS. March I, 1971 (C. A. VAIDIALINGAM AND A. N. RAY, JJ.J Code of Criminal Procedure (Act 5 of 1898), s. 417 and Companies Act (I a/ 1956), s. 6248-Scope of. The appellant filed complaints before the Chief Presidency Magisrrate alleg.ng that the officers of the respondent had committed an offence under the Companies Act, 1956. They were acquitted on April 4, 1968. . On July 1, 1968, appeals were filed in the High Court by the appellant (com· plainant) but the High ~urt held that taey were barred by art •. 114 of the Limitation Act, 1~63. In appeal to this Court, it was contended that t.'le appeals were filed not under s. 417 Cr.P.C. but under s. 6248 of the Companies Act. D HELD: (I) Section 404. Cr.P.C .. provides that no 3ppeal shall lie from any order of a criminal court except as provided )\v the Code or by any other Jaw for the time being in force. But s. 6248 does not confer any right of appeal from an order of acquittal passed by a criminal E F court in respect of an offence under the Companies Act. It only em- powers the Central Government to present appeals through persons men- tioned in that section. (861 E-G] (2) Section 417, Cr.P.C .. provides right of appeal in cases of acquittal, and, if the order of acquittal is passed in a case instituted upon com- plaint, an application for special leave to appeal from such order should be filed within 60 days from the date of the order of acquittal, and under art. 114 of the Limiration Act, 1963, the appeal should ~ filed within 30 days from the date of the grant of special leave. The appeals were not rightly entertained in the present case, because (a) there was no application for grant of special leave under s. 417(3), Cr.P.C., (b) the appeals were incompetent without grant of special leave; and (c) they were barred by limitation. [860 G-H; 861 H; 862 A-DJ CRIMINAL APPELLATE JURISDICTION: Criminal Appeals Nos. 248 to 251 of 1%8. Appeals from the judgment an ordei; dated August 13, 1968 of the Calcutta High ·Court iin Criminal Appeals Nos. 425. to 428 G of 1968. L. M. Singhvi and S. P. Nayar, for the appepant (in all the appeals). The respondent did not appear. H The Judgment of the Court was 4etivered by Ray, J. These appeals are by certificate from the ju~gment dated 13 August, 1968 of the High Court at Calcutta holdtng that 860 SUPREME COURT REPORTS [1971] 3 S.C.R. the memorandum of appeals from an order ofl acquittal were barred by Article 114 of the Limitation Act, 1963. ~ The appeals were directed against orders of acquittal passed by the Presidency Magistrate, Calcutta on 4 April, 1968. The· four petitions of appeal were presented in the High Court on 1 July, 1968 by the learned Advocate authorised by the Vakalatnama executed by the Assistant Registrar of Companies, West Bengal described as the appeJlant in all the petitions. The Assistant Registrar pf Companies, West Bengal filed petitions of complaint before the Chief Presidency Magistrate, Calcutta aJleging that the certain officers/ directors of the Standard A B Paint Works (P) Ltd.' of 44 Beadon Row, Calcutta mentioned C · " therein were guilty of offence for non-compliance with provisions contained in' the Companies Act, 1956 by reason of default in filing Annual Return of the Company together with the Annual Accounts and Balance sheet. Section 210 of the Companies Act requires annual accounts and balance sheet of the company to be filed within the time mentioned in the section. If any person being D a direct< r of the company fails to take all reasonable steps to com- ply with the provisions of section 210, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. The complainant in filing the petitions of complaint prayed for exemption of personal appear- ance under proviso to section 24 7 of the Code of Criminal Pro- E cedure read with section 621 ( 1) A of the Companies Act. The Presidency Magistrate passed the orders of acquittal in all the cases. Section 417 of the Code of Criminal Procedure speaks of appeal in case of acquittal. Sub-section ( 3) of that section is as follows :- · "If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an ap- plication made t
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