IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH NOVEMBER 2007 / 22ND KARTHIKA 1929 MFA.No. 1059 of 2002() ---------------------- AGAINST THE ORDER IN CP.2/1987 Dated 24/09/2002 .................... APPELLANTS: ACCUSED:- ----------------------------------- 1. P.GEORGE PHILIP, 1/12-B, D.C.ROAD, COCHIN-1. 2. P.M.THOMAS, H.NO.169, NEHRU NAGAR, TRICHUR. BY ADV. SRI.CHAKKAPPAN KALLIATH SRI.DAVIS J.CHIRAMEL RESPONDENT: COMPLAINANT:- -------------------------------------------- OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.K.PRABHAKARAN SRI.K.MONI THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :- J U D G M E N T DISMISSED FOR NON-PROSECUTION. Sd/- K.S.Radhakrishnan, Judge. 13-11-2007. Sd/- T.R.Ramachandran Nair, Judge. ORDER ON CMP.No.6507 OF 2002 IN MFA.No.1059 OF 2002-B. DISMISSED. Sd/- K.S.Radhakrishnan, Judge. 13-11-2007. Sd/- T.R.Ramachandran Nair, Judge. ( true copy ) P.S. TO JUDGE. Kvs/- C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.No.1059 of 2002 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2008. JUDGMENT C.N. Ramachandran Nair, J. We heard learned counsel appearing for the appellants. The order under challenge is issued by the Company Court sentencing the appellants for failure to file the statement of affairs under Section 454(5) of the Companies Act. The company court categorically found that the appellants, in spite of granting time and extension of time by the court, persistently violated the provision and failed to file the correct statement. Even though time was granted to correct the defective statement filed, the same was not complied with. Therefore, there is no scope for interfering with the conviction and finding that the appellants are guilty of the offence charged against them. So, the conviction is confirmed. However, some leniency is called for with regard to the fine imposed by the court. 2. We accordingly, reduce the fine imposed as the Managing Director of the company from Rs.25,000/- to Rs.15,000/-. However, this reduction is granted on condition of payment on or before 30.4.2008. If payment is not made, the reduction granted above will stand vacated and the MFA 1059/2002 -2- appeal will stand dismissed. We do not find any ground to interfere in the case of others or in regard to alternate sentence of imprisonment in the event of default of payment of fine. The appeal is disposed of as above. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ MFA 1059/2002 -3- C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - M.F.A. No.1059 of 2002 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 4th April, 2008.