Companies Act • Official Statutory Text & Practice Guide
Statutory Regulation
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Competent Court / Tribunal
Act 2013
Section 444 of Companies Act: Corporate Governance & Statutory Compliance
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Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Central Government may, in any case arising under this Act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an appeal from an order of acquittal passed by any court, other than a High Court, and an appeal presented by such prosecutor or other person shall be deemed to have been validly presented to the appellate court.
Statutory Defined Terms in this Section:(Click any term for official legal definition)
Section 444 empowers the Central Government to direct the company prosecutor or an authorized advocate to prefer an appeal against any order of acquittal passed by a court other than a High Court.
Central Government Directive Power: Authorizes the Central Government to review any acquittal order in a Companies Act prosecution and direct the filing of an appeal.
Authorized Appellate Advocates: Directs the company prosecutor or specifically retained legal practitioner to represent the Central Government before the appellate court.
Appellate Forum Alignment under CrPC: Requires appeals against acquittal passed by a Magistrate to be filed before the Sessions Court, and appeals against Special Court / Sessions Court acquittals before the High Court under Section 378 CrPC.
Key Landmark Precedents:
Chandrappa v. State of Karnataka, (2007) 4 SCC 415: Laid down general principles governing appeals against acquittal, holding that the presumption of innocence is reinforced by an acquittal and the appellate court will not interfere unless the trial court's view is perverse or untenable.
Ghurey Lal v. State of U.P., (2008) 10 SCC 450: Reaffirmed that an appellate court examining an appeal against acquittal must give full weight to the trial court's appreciation of evidence and cannot reverse unless substantial and compelling reasons exist.
Registrar of Companies v. K.S. Rathore, (1992) 75 Comp Cas 645 (Raj): Held that where an appeal against acquittal is preferred under company law provisions, the government must strictly demonstrate manifest error of law or perverse evidentiary appraisal.
Courtroom Practice & Strategic Litigation Guidance:
When opposing a Section 444 appeal against acquittal before the High Court, demonstrate that the trial court's findings were reasonable and plausible; plead that the government cannot re-argue evidentiary weight merely because a different view is conceivable.
Legal Commentary & Landmark Judgments: Section 444
Section 444 empowers the Central Government to direct the company prosecutor or an authorized advocate to prefer an appeal against any order of acquittal passed by a court other than a High Court.
When opposing a Section 444 appeal against acquittal before the High Court, demonstrate that the trial court's findings were reasonable and plausible; plead that the government cannot re-argue evidentiary weight merely because a different view is conceivable.