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Registrar of Companies Vs. Syed Jahangir - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAndhra Pradesh High Court
Decided On
Judge
Reported in1964CriLJ447
AppellantRegistrar of Companies
RespondentSyed Jahangir
Excerpt:
.....any non-compliance with prescribed procedure will positively indicate the wilful nature of default committed in paying or tendering rent as prescribed. while deposit of rent in terms of provisions of act and the rules amounts to valid tender of rent to landlord, the failure to comply with rule 5 (3) requiring delivery of a copy of the challan for deposit of rent in office of controller or appellate authority, as the case may be, so as to enable controller or appellate authority to cause maintenance of proper accounts under sub-rule (5) and give notice of deposit to person amounts to wilful default in making valid payment or lawful tender of the rent by the tenant to the landlord. thus, where a tenant obtains an order to deposit rent, same shall be deposited at least by the last day of..........return of the complaint as the offence has been committed three years ago i.e., in the year 1958. against this, a revision was filed and the learned addl. sessions judge, hyderabad has made, a reference for setting aside the order as in his opinion there is no provision in the code try the return of the complaint.2. an offence under the companies act was committed for which a complaint was lodged by the registrar of companies. the learned magistrate has passed the impugned order on the ground that the default was committed in 1958 and as such it was not tenable. there is no provision in the companies act which imposes any 1 limitation on the powers of the registrar to file a complaint; even otherwise the return of the complaint is not; provided by the criminal procedure code. the.....
Judgment:
ORDER

Sharfuddin Ahmed, J.

1. The Vith City Magistrate has directed the return of the complaint as the offence has been committed three years ago I.e., in the year 1958. Against this, a revision was filed and the learned Addl. Sessions Judge, Hyderabad has made, a reference for setting aside the order as in his opinion there is no provision in the Code try the return of the complaint.

2. An offence under the Companies Act was committed for which a complaint was lodged by the Registrar of Companies. The learned Magistrate has passed the impugned order on the ground that the default was committed in 1958 and as such it was not tenable. There is no provision in the Companies Act which imposes any 1 limitation on the powers of the Registrar to file a complaint; even otherwise the return of the complaint is not; provided by the Criminal Procedure Code. The reference is accordingly accepted, setting asidei the order of the Magistrate and directing the Magistrate to proceed according to law,


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