https://www.taxtmi.com/caselaws?id=98705 Section 446 of the Companies Act restrains proceedings against a company in winding-up unless leave of the company court is obtained, but that protection does not extend to criminal prosecutions for cheating or allied offences against the managing director, directors, or employees in their personal capacity. Criminal liability for such offences turns on mens rea, which a company cannot possess, so proceedings against the human actors are not proceedings against the company. The objection based on section 446 therefore failed, and criminal proceedings against the petitioners were not barred. en-us Fri, 03 Apr 1970 00:00:00 +0530 Sat, 21 Jan 2012 16:53:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=98705 Section 446 of the Companies Act restrains proceedings against a company in winding-up unless leave of the company court is obtained, but that protection does not extend to criminal prosecutions for cheating or allied offences against the managing director, directors, or employees in their personal capacity. Criminal liability for such offences turns on mens rea, which a company cannot possess, so proceedings against the human actors are not proceedings against the company. The objection based on section 446 therefore failed, and criminal proceedings against the petitioners were not barred. Case-Laws Companies Law Fri, 03 Apr 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=98705