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Search Results Judgments > Act:CODE OF CRIMINAL PROCEDURE, 1973 Section 220

Nov 21 2011

Ajay So Ramesh Bhute And Anr. vs. State Of Maharashtra

  • Decided on : 21-Nov-2011

Court : Mumbai

... observations in respect of prosecution under section 138 of the N.I. Act along with section 420 of the IPC making reference to Section 220 of Cr.P.C. This Court had observed that although the offence under section 420 IPC and offence under section 138 of the N.I. Act are ... by the learned Sessions Judge, Wardha in Criminal Revision No.85/2010 whereby the learned Judge directed the trial Magistrate to appreciate the evidence of complainant to find out whether a case is made out under section 420 of the Indian Penal Code. The order dated 22.6.2010 ... Section 220 of Cr.P.C. This Court had observed that although the offence under section 420 IPC and offence under section 138 of the N.I. Act are totally distinct and their ingredients are different still if both offences were committed during the same transaction the accused could have been charged and tried for both the offences during single trial as per Section 220 ... both the offences during single trial as per Section 220 of Cr.P.C. Seciton 220 of Cr.P.C. Is an enabling provision whereby two or more different offences may be tried together by the Court although the terms used in Section 220 Cr.P.C. are enabling and not mandatory ... section 420 IPC and offence under section 138 of the N.I. Act are totally distinct and their ingredients are different still if both offences were committed during the same transaction the accused could have been charged and tried for both the offences during single trial as per Section 220 of Cr.P.C. Seciton 220 ...

Aug 16 1972

Registrar of Companies Vs. Himprastha Financiers P. Ltd. and Ors.

  • Decided on : 16-Aug-1972

Court : Punjab and Haryana

Reported in : [1974]44CompCas154(P& H)

... penalty by way of fine as provided in Sub-section (3) of Section 220 read with Section 162 of the Act.10. A case reported to the High Court for orders under Sub-section (1) of Section 438 of the'Code of Criminal Procedure becomes a revision under Sub-section (1) of Section 439 of the Code. When this revision petition came up for hearing before ... virtue of Section 621(1A) of the Act read with Section 247 of the Code of Criminal Procedure, the complaint is triable summarily. On September 12, 1962, the respondents pleaded guilty to the charge of offence under Sub-section (3) of Section 220 of the Act. Instead of awarding sentence as provided in Sub-section (3) of Section 220 read in conjunction with Section 162 ... Section 220 read with Section 162 of the Act by imposing penalty of fine extending to rupees fifty for every day for which the default continued. By virtue of Section 621(1A) of the Act read with Section 247 of the Code of Criminal Procedure, the complaint is triable summarily. On September 12, 1962, the respondents pleaded guilty to the charge of offence under Sub-section (3) of Section 220 ... section (3) of Section 220 read with Section 162 of the Act by imposing penalty of fine extending to rupees fifty for every day for which the default continued. By virtue of Section 621(1A) of the Act read with Section 247 of the Code of Criminal Procedure, the complaint is triable summarily. On September 12, 1962, the respondents pleaded guilty to the charge of offence under Sub-section ...

Sep 04 1987

Chandra Spinning and Weaving Mills (P.) Ltd. and others Vs. Registrar ...

  • Decided on : 04-Sep-1987

Court : Karnataka

... K.B. Navadgi, J.1. This criminal revision petition is filed under section 397, read with section 401 of the Code of Criminal Procedure (the 'Code' for short), by petitioners Nos. 1 to 3 against the judgment of convictions and sentences passed by the Presiding Officer, Special Court for Economic Offences, Bangalore District, Bangalore, in C ... that the Supreme Court has affirmed the view taken by the Kerala High Court.55. We have now to consider whether the contravention of section 220(1) of the Act is a continuing contravention attracting section 472 of the Code or not.56. The determination whether a given crime is a continuous offence is a matter of statutory interpretation. But the judicial consensus is ... day during which the default continues. Thus, the default in complying with the requirement of section 220(1) of the Act is punishable only with fine.30. By the new provisions in Chapter XXXVI of the Code, limitation has been prescribed for the first time for launching criminal prosecution in regard to offences not punishable with imprisonment for a term exceeding three years. Among ... provisions of the Criminal Procedure Code as to the framing of charges and as to the charges which can be tried at one and the same trial. It is quite cleat that you could not charge a man with committing an offence de die in diem over a substantial period.' Even so, this expression has acquired a well-recognized meaning in criminal law. If ...

Jun 02 1995

Rani Joseph Vs. Registrar of Companies

  • Decided on : 02-Jun-1995

Court : Kerala

Reported in : [2001]103CompCas928(Ker); 1995CriLJ3832

... Nenshi, AIR 1973 SC 908. It was also held by the apex court that non-payment of the employer's contribution to the provident fund before the due date is a continuing offence and, therefore, the period of limitation fixed by Section 465 of the Code of Criminal Procedure cannot have any application. The offence will be governed by Section 472 of the Code, according to which ... of Companies [1986] 59 Comp Cas 261 dealt with the provisions of Section 220 read with Section 162 of the Companies Act and held that the offence for violating the provisions of Section 220 of the Act can be treated as a continuing offence and so the provisions of Section 468 of the Code have no application and on that basis refused to quash a complaint pending ... prescribed time as provided under Section 220 of the Act is not a continuing offence and the complaint should have been filed within the time prescribed by the Code of Criminal Procedure. In K.K. Mehra v. Registrar of Companies [1991] 71 Comp Cas 669, a learned single judge of the Delhi High Court dealt with the provisions of Sections 159 and 220 of the Act andheld ... should have been filed within the time prescribed by the Code of Criminal Procedure. In K.K. Mehra v. Registrar of Companies [1991] 71 Comp Cas 669, a learned single judge of the Delhi High Court dealt with the provisions of Sections 159 and 220 of the Act andheld that the offences under the above sections are not continuing in nature. Similar is the view taken ...

Nov 17 1987

Sugga Engineering Works (P.) Ltd. and others (Cr. M. (M) Nos. 576 And ...

  • Decided on : 17-Nov-1987

Court : Delhi

Reported in : [1990]68CompCas625(Delhi); 1988(14)DRJ97b

... section 159, read with section 162 and section 220 again read with section 162, of the Companies Act, 1956 (for short, ``the Act''), are continuing offences within the meaning of section 472 of the Code of Criminal procedure, 1973 (for short, ``the Code''), so as to remove the bar of limitation to take cognizance of the offences as provided by section 468 of the code. Under sub-section (1) of section 468 of the Code ... of section 472 of the Code of Criminal procedure, 1973 (for short, ``the Code''), so as to remove the bar of limitation to take cognizance of the offences as provided by section 468 of the code. Under sub-section (1) of section 468 of the Code, a court cannot take cognizance of an offence after the expiry of the period of limitation as provided under sub-section (2) of that section. ... Act, 1977. Under sub-section (3) of section 220 of the Act, so far as is requirements of subsection (1) of section 220, the company and every officer of the company who is in default shall be liable to punishment as provided by section 162 which is the same as for default in complying with the provisions of section 159 as well. Section 162 of the Act ... is to be filed with the Registrar of Companies. The return is to be in the form prescribed and is to contain various particulars as mentioned in the section. Sub-section (1) of section 220 of the Act provides for filing of the balance-sheet and the profit and loss account with the Registrar of Companies. These documents are to be filed ...

Jul 20 1998

Anita Chadha Vs. Registrar of Companies

  • Decided on : 20-Jul-1998

Court : Delhi

Reported in : [1999]96CompCas265(Delhi); 1999CriLJ2433; 74(1998)DLT537; 1998(46)DRJ506

... in Section 468 of the Code of Criminal Procedure (for short 'the Code'), could not be taken by the trial court. It was further submitted that after the petitioner resigned as a director of the company, she could not have complied with the provisions of Sections 159 and 220 of the Act as she ceased to be an 'officer in default' as contemplated by Section 162 read with Section ... were filed on June 11, 1992. It was canvassed that the offences under Sections 159 and 220 of the Act being punishable with fine, cognizance of the complaints after a period of six months from the commission of the offence as provided in Section 468 of the Code of Criminal Procedure (for short 'the Code'), could not be taken by the trial court. It was further submitted ... -section (3) of Section 220 provides that if default is made in complying with the requirement of Sub-sections (1) and (2), the company and every officer of the company, who is in default shall be liable to the like punishment as is provided by Section 162 for a default in complying with the provisions of Section 159. In the event of non-compliance with Sections 159 ... Section 220 provides that if default is made in complying with the requirement of Sub-sections (1) and (2), the company and every officer of the company, who is in default shall be liable to the like punishment as is provided by Section 162 for a default in complying with the provisions of Section 159. In the event of non-compliance with Sections 159 and 220 of ...

May 21 2010

Annapurna Industrial Resources Limited and Ors. Vs. Registrar of Compa ...

  • Decided on : 21-May-2010

Court : Delhi

... petitions is whether the offences under Section 159 read with Section 162 and Section 220 again read with Section 162 of the Companies Act, 1956 are continuing offences within the meaning of Section 472 of the Code of Criminal Procedure, 1973 (for short 'Code') so as to remove the bar of limitation to take cognizance of the offence as provided by Section 468 of the Code.9. Before taking up the ... N. Aggarwal, J.1. These are petitions filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashing of summoning order dated 18.04.2009 and two complaint cases bearing Nos. 165 & 166/2009 under Sections 159/162 & 220/162 of the Companies Act, 1956 pending against them before the trial court.2. Both these petitions are proposed to be ... 1977. Under Sub-section (3) of Section 220 of the Companies Act, so far as is requirements of Sub-section (1) of Section 220, the company and every officer of the company who is in default shall be liable for punishment as provided by Section 162 which is the same as for default in complying with the provisions of Section 159 as well.11. Section 162 provides for ... is requirements of Sub-section (1) of Section 220, the company and every officer of the company who is in default shall be liable for punishment as provided by Section 162 which is the same as for default in complying with the provisions of Section 159 as well.11. Section 162 provides for punishment for violation of provisions contained in Sections 159, 160, 161 with ...

Mar 19 2004

Punyark Credit and Investment (P.) Ltd. Vs. State of Bihar

  • Decided on : 19-Mar-2004

Court : Patna

... to override if the interest of justice requires the same. In the Full Bench decision it has also been decided that the disputed issues of limitation under Sections 468 and 473 of the Code of Criminal Procedure can appropriately be raised at the earliest as a preliminary issue and it cannot be raised at the fag end of a proceeding.14. In the instant ... balance sheet under Section 220(1) of the Companies Act, 1956 they have committed offence under Section 220(1) of the Companies Act. In the petition it has also been stated that the said contravention of Section 220(1) of the Companies Act, 1956 is a continuing offence. As such the accused Nos. 1 to 3 are liable for punishment under Section 220(3), read with Section 612(1 ... the said contravention of Section 220(1) of the Companies Act, 1956 is a continuing offence. As such the accused Nos. 1 to 3 are liable for punishment under Section 220(3), read with Section 612(1) of the Companies Act, 1956.3. The court of Special Judge, Economic Offences, Patna on the same day took cognizance of the offence under Section 220(3) of the Companies ... punishment under Section 220(3), read with Section 612(1) of the Companies Act, 1956.3. The court of Special Judge, Economic Offences, Patna on the same day took cognizance of the offence under Section 220(3) of the Companies Act. The case thereafter proceeded and one witness was also examined on behalf of the complainant. The statement of the accused persons under Section 313 Cr ...

Apr 23 2007

Shri Pravin Niwritti Sawant Vs. Hon'ble Shri J.B. Anandgaonkar Saheb, ...

  • Decided on : 23-Apr-2007

Court : Mumbai

Reported in : 2008CriLJ984; 2007(5)MhLj838

... on the subject and said that it was not every offence committed by a public servant which required sanction for prosecution under Section 197(1) of the Code of Criminal Procedure nor even every act done by him while he was actually engaged in the performance of his official duties. But, if ... law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.Section 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.-Whoever, being in any office which ... Section 220 of IPC, merely because he has confined or committed any person to confinement in exercise of the authority given to him under the law. In view of the facts of the present case, there is nothing to show that the offence under Section 219 and 220 of IPC were committed by any of the respondent Nos. 1 to 3.9. Provisions of Section ... Section 220 IPC also it is necessary to establish that the officer, who committed any person for trial or to confinement, must have acted corruptly or malicious and knowing that he was doing that act contrary to law. In absence of these conditions and circumstances, a person cannot be held guilty under Section 220 ... was filed and thus, the orders passed by the respondent No. 2 and then respondent No. 3 had become final.8. The offence under Section 220 of I.P.C. is also committed only when a person, being in office, which gives him legal authority to commit persons for trial ...

May 28 1987

Shivalik Ice Factory and Cold Storage Pvt. Ltd. and Ors. Vs. Registrar ...

  • Decided on : 28-May-1987

Court : Punjab and Haryana

Reported in : [1988]64CompCas113(P& H)

... ground of being barred by limitation. It is contended that the offences under Sections 159 and 220 of the Act being punishable only with fine, no court could take cognizance of the impugned complaints after six months of commission of the offence as provided in Section 468 of the Code of Criminal Procedure, 1973, were committed during 1981-82 and 1983-84 but the complaints were ... Registrar of Companies is that the offences under Sections 159 and 220 of the Act are continuing offences. As such Section 468 of the Code of Criminal Procedure did not stand as a bar in the filing of the impugned complaints.6. Thus, the important point for consideration in this case is whether the offences under Sections 159 and 220 of the Act are continuing offences or ... respondent's counsel that the petitioners had committed continuing offences. Since the offences were not continuing ones, the cognizance thereof after the expiry of the period of limitation provided in Section 468 of the Code of Criminal procedure could not be taken by the trial Magistrate. Hence, the impugned complaints and the proceedings taken by the trial court are hereby quashed. ... is held, prepare and file with the Registrar a return containing the specified particulars. Section 220 lays down that three copies of balance-sheet and profit and loss account shall be filed by the company each year within a specified period. For non-compliance of Sections 159 and 220 of the Act, the company and every officer of the company who is in ...

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