TOTALAL Vs. STATE

JUDGEMENT

(1.) PETITIONER Totalal, who at the relevant time, was a Director of the Edward Mills co. Ltd. , Beawar (hereinafter called the Mills) incorporated and registered as a public limited company under the provisions of the Indian Companies Act, 1882 on 9th August 1906, has been sentenced to pay a fine of Rs. 500/- for an offence punishable under Section 295 (4) of the Indian Companies Act, 1956; in default of payment of fine, he is to undergo simple imprisonment for two months. Along with the petitioner, three other Directors, namely, Chandmal, Rishi Kesh and Lalita prasad, were also convicted for the same offence, but no revision application has been filed on their behalf.

(2.) SECTION 295 of the Indian Companies Act, 1956, runs thus :

(3.) SUBSTANTIALLY, three questions have been arged on behalf of the petitioner: