P. B. Mukherji J. gave a companycurring judgment.
The High Court found against the appellants and discharged the rule.
Appeal by special leave from the judgment and order dated June 21, 1954, of the Calcutta High Court in Criminal Revision No.
This application was dismissed by the Presidency Magistrate on June 13, 1953.
The Bank was ordered to be wound up by the High Court of Calcutta on August 7, 1950, and one G. Dutt, Bar at law was appointed its Official Liquidator but on September 7, 1950, the Official Receiver was appointed in place of Dutt.
Leave to appeal having been refused by the Calcutta High Court, the appellants have companye to this Court in pursuance of special leave.
1 filed in Court of the Presidency Magistrate a companyplaint against the appellant under ss.
28 of 1956.
1264 Ranadeb Chaudhury and P. K. Chatterjee, for the appellants.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On July 23, 1952, respondent No.
After referring to the history of s. 237, he held that under that section the Company Judge can act ex parte and it was number necessary for him to hear a director or an officer of the companypany company plained against and that direction given under that section was number a companydition precedent to a prosecution by the official liquidator number is it the intention of that section to impinge on the powers of a criminal companyrt under the Code of Criminal Procedure.
The appellant then applied to the High Court for quashing the criminal proceedings on the ground that the prosecution was ab initio void because of the absence of prior direction judicially given by the High Court under s. 237 1 of the Indian Companies Act.
The Judgment of the Court was delivered by KAPUR J. This appeal by special leave raises a question of interpretation of s. 237 of the Indian Companies Act.
2 was its Managing Director.
120B, 406, 467, 477A, Indian Penal Code and 182A of the Indian Companies Act and stated that he was doing so under the authority of the official liquidator and the official liquidator had obtained the directions of the High Court to file the companyplaint.
September 11.
1 is One of the past directors of the Bank of Commerce Ltd., number in liquidation and appellant No.
811 of 1953.
Appellant No.
Sen and P. K. Bose, for the respondents.
