Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

In Re: M. Vaidyanathan

Disposition Appeal dismissed Court Chennai Decided Oct 04, 1956
~2 min read
https://sooperkanoon.com/case/791990

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Writ Appeal No. 126 of 1956
Subject
Company
Disposition
Appeal dismissed

Case Summary

AI-generated summary - not the official court judgment text.

-

Key legal issue
Company
Outcome / disposition
Appeal dismissed
Acts & sections
Companies Act, 1956 - Sections 630; Indian Penal Code (IPC) - Sections 406, 409 and 477A; Companies Act, 1913 - Sections 282A

Parties & Advocates

Appellant / Petitioner

In Re: M. Vaidyanathan

Advocate P.V. Chalapathi Rao and ;S. Vaidyanathan, Advs.

Legal References

Acts
Companies Act, 1956 - Sections 630; Indian Penal Code (IPC) - Sections 406, 409 and 477A; Companies Act, 1913 - Sections 282A
Reported In
AIR1957Mad432

Excerpt

- rajamannar, c.j. 1. though mr. chalapathi rao, learned counsel for the appellant, took a great deal of our time, he was unable to convince us that the judgment of rajagopalan j. against which this appeal has been filed is wrong. 2. the point which was. strenuously pressed upon us was that the investigation by the inspector of police, crime branch, c.t.d., madras was barred by the provisions of section 282-a of the indian companies act of 1913, corresponding to section 630 of act i of 1956. the investigation is being made in respect of alleged offences punishable under sections 406, 409 and 477-a of the indian penal code. we have no hesitation in holding that offences under these sections are different from the offence contemplated under section 282-a of the indian companies act. 1913. there can be no bar therefore to the investigation. section 282-a, in our opinion^ 'relates to an offence much less serious than an offence under section 406 or 408 or 477a of the indian penal code. this is made evident by the fact that a person found guilty under section 282-a can be punished only with fine not exceeding rs. 1,000, whereas a person found guilty under section 406,4. p. c., can be punished with imprisonment of either dee-caption for a term which may extend, to three years, or with fine or with both; and a person found guilty under section 409, i. p. o, can be awarded a more severe punishment. for the offence under section 477-a the punishment can extend to imprisonment for seven years. we agree with the learned . judge, rajagopalan j. that the scope of section 282-a of the indian companies act of 1913, is quite distinct and different from the scope of sections 406, 409 ami 477a of the indian penal code. - there is no ground therefore lor preventing the police officer from continuing the investigation with which he had been entrusted. 3. the appeal is dismissed.

Full Judgment

Rajamannar, C.J.

1. Though Mr. Chalapathi Rao, learned counsel for the appellant, took a great deal of our time, he was unable to convince us that the judgment of Rajagopalan J. against which this appeal has been filed is wrong.

2. The point which was. strenuously pressed upon us was that the investigation by the Inspector of Police, Crime Branch, C.T.D., Madras Was barred by the provisions of Section 282-A of the Indian Companies Act of 1913, corresponding to Section 630 of Act I of 1956. The investigation Is being made in respect of alleged offences punishable under Sections 406, 409 and 477-A of the Indian Penal Code. We have no hesitation in holding that offences under these sections are Different from the offence contemplated under Section 282-A of the Indian Companies Act. 1913. There can be no bar therefore to the investigation. Section 282-A, in our opinion^ 'relates to an offence much less serious than an offence under Section 406 or 408 or 477A of the Indian Penal Code. This is made evident by the fact that a person found guilty under Section 282-A can be punished only with fine not exceeding Rs. 1,000, whereas a person found guilty under Section 406,4. P. C., can be punished with imprisonment of either dee-caption for a term which may extend, to three years, or with fine or with both; and a person found guilty under Section 409, I. P. O, can be awarded a more severe punishment. For the offence under Section 477-A the punishment can extend to Imprisonment for seven years. We agree with the learned . Judge, Rajagopalan J. that the scope of Section 282-A of the Indian Companies Act of 1913, is quite distinct and different from the scope of Sections 406, 409 ami 477A of the Indian Penal Code. - There is no ground therefore lor preventing the police officer from continuing the investigation with which he had been entrusted.

3. The appeal is dismissed.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial