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C.S.RAJAN
K. P. DEVASSY – Appellant
Versus
OFFICIAL LIQUIDATOR – Respondent


Advocates:
Counsel :
Mr. Anil Narendran, Advocate—For the Petitioner.
Mr. Ramakrishnan, Advocate—For the Respondent.

JUDGMENT

C.S. Rajan, J.—The petitioner in these applications was the Managing Director of Chandhini Chits (Pvt.) Ltd. The above Company was ordered to be wound up by this Court as per order dated 17.11.1989. According to the petitioner as Managing Director he had issued cheques to various persons and those cheques were returned by the bankers for insufficiency of funds. The payee of the cheques therefore filed complaints before the Magistrate's Courts under Section 138 of the Negotiable Instruments Act. Thereafter these petitions have been filed by the petitioner to stay the trial of those complaints and also to transfer those cases for trial to this court.

2. Mr. Anil Narendran, who appeared for the petitioner, strongly urged that under Section 446 of the Companies Act this Court has got jurisdiction to stay the trial of the criminal complaints and also to transfer the same to this Court. In order to understand the cope and ambit of Section 446 of the Companies Act it is advantageous to reproduse the same.

"446. Suits stayed on winding up order.

(1) When a winding up order has been made or the Official Liquidator has-been appointed as provisional liquidator, no suit or other legal

















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