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2010 (4) TMI 605 - HC - Companies LawCognizance of the offence committed by the accused in not complying with the requirement of provision of section 454 of the Act - Held that:- From the evidence on record the official liquidator has not established as to who were the directors on the date of winding up of the company by producing the relevant documents, nor the defects cured by respondent Nos. 4, 5 and 2 was not in consonance with section 454(b) and further respondent Nos. 4 and 5 apart from their evidence, have stated that they had appeared before the official liquidator as and when they were called, and this is admitted by PW1. This circumstance also shows that there was justification for respondent Nos. 4 and 5 in not filing the company affairs statement in time and have shown the bona fides, and reasonable cause to excuse. In case of criminal prosecution, the prosecution is required to prove the charge beyond reasonable doubt, in this case the official liquidator has failed to prove the accusation against the respondents. The material produced is not sufficient to hold the respondents guilty under section 454 of the Act. In the circumstances stated above, these respondents cannot be held guilty under section 454 of the Act and accordingly they have to be acquitted. Hence the application is liable to be dismissed.
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