https://www.taxtmi.com/caselaws?id=96752 A criminal prosecution arising from company liquidation was held not to require a formal direction under section 237 of the Companies Act, because substantial compliance and a police inquiry were sufficient and the absence of a direction did not bar prosecution. Charges of forgery and falsification of accounts could proceed under the Indian Penal Code despite section 236 of the Companies Act, and section 195(1)(a) CrPC did not apply because the documents were not forged by a party to the liquidation proceedings. The joint trial, however, involved improper joinder of separate counts and persons, causing prejudice and failure of justice; the defect was not cured by section 537(a), so the convictions were set aside and retrial ordered on appropriate charges. en-us Wed, 21 Apr 1937 00:00:00 +0530 Tue, 10 Jan 2012 17:44:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96752 A criminal prosecution arising from company liquidation was held not to require a formal direction under section 237 of the Companies Act, because substantial compliance and a police inquiry were sufficient and the absence of a direction did not bar prosecution. Charges of forgery and falsification of accounts could proceed under the Indian Penal Code despite section 236 of the Companies Act, and section 195(1)(a) CrPC did not apply because the documents were not forged by a party to the liquidation proceedings. The joint trial, however, involved improper joinder of separate counts and persons, causing prejudice and failure of justice; the defect was not cured by section 537(a), so the convictions were set aside and retrial ordered on appropriate charges. Case-Laws Companies Law Wed, 21 Apr 1937 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96752