T. P. PARAMESWARAN NAMBOODIRI Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The second accused in C. C. No. 4 of 1979 in C. P. No. 17/79 is the appellant in this Miscellaneous First Appeal. The above criminal complaint was filed by the respondent, Official Liquidator, who was appointed as Provisional Liquidator of Wandoor Jupitor Chits (P) Ltd., (in liquidation) under S.454(5A) of the Companies Act, 1956. The offence alleged against the appellant and the other accused in the criminal complaint was that they did not file the statement of affairs with respect to the branches in their charge. The appellant accused was working as Branch Manager of the Kanhangad Branch of the Wandoor Jupitor Chits (P) Ltd., from 14th March 1973 till 13th September 1973. In the above branch the cash book alone was kept and all other records relating to the branch were kept at the Head Office at Wandoor. Not only that, in pursuance of an attachment order dated 19th September 1973, in O.S. No. 178 of 1973 of the Munsiff's Court, Hosdurgh, the furniture and other articles were attached. There was also a theft of documents, promissory note etc., and a complaint was filed before the Hosdurgh Police Station. The appellant accused had informed the official liquidator of the state of affairs. Before the Company Court, the appellant pleaded not guilty to the charges; but he was found guilty ignoring the evidence and circumstances which prove his innocence and he was sentenced to a fine of Rs. 500 and in default to undergo simple imprisonment for six weeks. It is against the condition and sentence that the appellant has come up in this Miscellaneous First Appeal.

(2.) The learned counsel for the appellant referred to S.454(5) of the Companies Act, 1956 which reads:

(3.) The learned counsel for the respondent referred to M/s Marikar (Motors) Ltd. v. Sales Tax Officer, Special Circle, Trivandrum (ILR 1973 (2) Kerala 204) wherein Govindan Nair, J. (as he then was) speaking for a Bench of this Court has said: