Cos 337 — Penalty for frauds by officers

Companies Act, 2013

Statutory text

If any person, being at the time of the commission of the alleged offence an officer of a company which is subsequently ordered to be wound up by the Tribunal

[under this Act]—
(a) has, by false pretences or by means of any other fraud, induced any person to give credit to the company;
(b) with intent to defraud creditors of the company or any other person, has made or caused to be made any gift or transfer of, or charge on, or has caused or connived at the levying of any execution against, the property of the company; or (c)  with  intent  to  defraud  creditors  of  the  company,  has  concealed  or  removed  any  part  of  the property  of  the  company  since the  date  of  any  unsatisfied judgment  or  order for payment  of  money obtained against the company or within two months before that date, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees.

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