Court Rules Prosecution Cannot Proceed Without Clear Evidence of Fact Suppression in Bad Debt Accounting Case.

Defect in preparation of profit and loss account of the company - amount of bad debt written off - offence either under Section 447 or 448 of the Companies Act - The present prosecution has been filed mainly on the ground that reply notice given by the petitioner was not satisfactory to the defacto complainant. Otherwise, it is not the case of the de facto complainant that there are material facts which have been suppressed and there is no clear cut findings recorded by the de facto complainant as to the nature of the omissions or suppression of material facts - unless and until, there is a finding as to the suppression of the material facts, the prosecution cannot be launched, as a matter of right. - HC .....

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