Upon prosecution for offences under the Companies Act, 2013, High Court awarded Managing Director of a Company an imprisonment of 3 months. A Director of the Company approaches you seeking advice on filing an appeal agai

Section 376(a) of Criminal Procedure Code, 1973, states that there shall be no appeal against any order of sentence of a High Court if the punishment awarded is a sentence of imprisonment for a term not exceeding 6 months or of a fine exceeding ₹1000/-. The proviso under section 376 of Criminal Procedure Code, 1973, states that appeal would however lie in the following situations: (i) that the person convicted has been ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. As per the above provisions the Appeal cannot be filed in the given case, unless the case falls under proviso of Section 376 of Criminal Procedure Code, 1973.