2002 (7) TMI 564

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.... ORDER S.R. Nayak, J. - The question of law that arises in both these appeals is common. Hence, we clubbed both the appeals and heard them together and they are being disposed of by this common judgment. 2. O.S.A. No 28 of 2001 is directed against the order dated 11-7-2001 passed in C.A. No. 478 of 2000 in C.P. No. 214 of 1998 by which order, the learned Company Judge convicted the appellant....

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....any of the requirements of this section, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one hundred rupees for every day during which the default continues, or with both. (5A) The Court by which the winding-up order is made or the provisional liquidator is appointed, may take cognizance of an offence under sub-section (5) upon....

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....ents of section 454 assumes the characteristic of a jurisdictional fact, the existence of which is a must to exercise power under sub-section (5A). In the context of section 454, particularly having regard to the provisions of sub-section (5), it is trite that the burden to prove that the appellant has no reasonable excuse is on the prosecution, namely, the Official Liquidator. In the instant case....