( 1 ) THE Assistant Registrar of Companies, West Bengal, filed a complaint against the four directors of Ganguly Traders (P) Ltd. of 7, Bipin Behari Ganguli Street, Calcutta, in the court of the learned Chief Metropolitan Magistrate, Calcutta, alleging commission of an offence under Section 210 (5) of the Companies Act, 1956, hereinafter referred to as " the Act", By his order, dated November 3, 1978, the learned Magistrate took cognizance upon the same, issued process against the accused and transferred the case to the learned Metropolitan Magistrate, 11th Court, Calcutta, for disposal. After entering appearance, one of the accused, Sri Sanatan Ganguly, filed an application under Section 633 (1) of the Act for being relieved of his liability, as a director of the company, in respect of the offence alleged against him. In his application he contended, inter alia, that the other directors were inimically disposed towards him and in spite of his best efforts he could not persuade them to comply with the requirements of Section 210 (1) and (3) of the Act, for which the prosecution had been launched. Along with the application he filed some documents in suppo