9911796707
TMI Blog1993 (10) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... equirements of section 454 of the Act and to direct him to file forthwith the statement of affairs as required by sub-sections (1), (2) and (3) of section 454 of the Act. In the affidavit filed in support of this company application, it is stated that this court passed a winding up order dated September 8, 1989, in Company Petition No. 28 of 1987 directing the winding up of Weber ceased to be a director of the company several years prior to the date of winding up order. Under sub-section (2) of section 454 of the Act, the statement referred to therein shall be submitted in the manner required therein ( i ) by persons who are at the relevant date the directors of the company, and ( ii ) by the person who is by that date the manager, secret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to the direction of the court. It is not the case of the official liquidator that any such direction was given to the respondent herein. What is stated in the affidavit is only that on November 30, 1989, a notice was got issued to the respondent. But the said notice was returned by the postal authorities. Even assuming that the official liquidator can issue such a notice to a person who was not a director on the relevant date without any direction from the court, in the present case, admittedly, no such notice, requiring the respondent to file a statement, was served on the respondent. I am, therefore, satisfied that the official liquidator, the complainant herein, has not made out that the respondent committed any offence under sub-se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated September 11, 1992. Therein he states that though he was inducted as a director of the company during September, 1978, he submitted his resignation from the said post on April 26, 1986, with immediate effect, to the board of directors and the board of directors in their meeting held on December 22, 1986, accepted the said resignation and the resignation of another director by name S. Ramachandraiah. He also states that on December 22, 1986, itself, the company submitted Form No. 32 as required under sub-section (2) of section 303 of the Act as regards his ceasing to be a director. He states that in the circumstances, he does not have any knowledge about the affairs of the company and that, therefore, he is not under any statutory duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the process against him ought not to have been issued. The Magistrate may drop the proceedings if he is satisfied on reconsideration of the complaint that there is no offence for which the accused could be tried. It is his judicial discretion. No specific provision is required for the Magistrate to drop the proceedings or rescind the process. The order issuing the process is an interim order and not a judgment. It can be varied or recalled. The fact that the process has already been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused." In the present case, I am satisfied that the facts alleged against the respondent do not constitute an offence under sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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