( 1 ) THE Official Liquidator acting as Liquidator of M/s. R. C. Abrol and Co. (P) Ltd. , in liquidation, has instituted a criminal complaint under Sections 538 and 541 of the Companies Act, 1956, on account of the failure of the accused persons to hand over the books of account and records of the company and also, on account of their failure to keep proper books of account duripg the two years immediately preceding the winding up of the company. There are eight accused in the case of whom, Shri R. C. Abrol, accused No. 1 is stated to be the ex-Managing Director, accused Nos. 2 to 4 are stated to be directors and accused Nos. 5 to 8 are stated to be Accounts Officer, Sales Officer and Administrative Officers of the company. This Court had ordered summons to issue on this complaint on 19th September, 1972, and after that the complaint has taken a long time, because it was difficult to get the accused served.

( 2 ) ON 22nd September, 1975, I expressed some doubt as to whether this Court had Original Criminal jurisdiction to entertain the criminal complaint as it was not a Court of Original Criminal jurisdiction. Arguments have been addressed on this question and I now proc