SAJJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice was given to the learned P.P. and the parties were heard.

(2.) The applicant was one of the Directors of M/s Amfort Agro Finance Company Ltd. a finance company. On a petition filed by Keshar Singh, one of the creditor of the company, the said company went in liquidation under order of the Company Judge dated 30.1.97 made in S.B. Company Petition No. 1/95. The business of the said company, as conducted by the present applicant, gave rise to as many as 200 criminal cases against him. After investigation, the police is stated to have submitted the reports under Sec. 173 Cr.RC. against the applicant in such cases. Such cases are reported to be pending in the Court of Spl. Magistrate appointed for the purpose.

(3.) The applicant moved an application for exemption from personal attendance in those cases on all dates of hearing. His case was that in order to help the official liquidator in the process of liquidation of the company and realisation of the money of the creditors from the company, all the details of the assets and liabilities of the company as also particulars of the debtors of the company were required to be submitted by him as per provisions of Sec. 454 of the Company Act 1956. In that respect the official liquidator is reported to have been pressing hard upon the applicant to submit the relevant details and statements so that winding up proceedings may be carried-on as per provisions of Company law. His personal appearance before official liquidator as also before the Company Judge in the High Court may be necessary in order to complete the winding up process of the company failing which the applicant may be held personally liable besides delaying winding up proceedings causing damage to Company's property.