( 1 ) M/s. Security and Finance Private Limited registered under the Companies Act was ordered to be wound up by this Court and on 20-3-1969 an Official Liquidator was appointed its provisional liquidator. The Official Liquidator filed a complaint on 16-7-1969 under Sections 454 (5) and (5a) of the Companies Act, 1956 (hereinafter called the Act) on the allegation that though he had issued notice dated 21-4-1969, calling upon respondent No. 1 to submit before him the statement of affairs of the company but they have neither appeared before him nor have they complied with the notice nor the statement of affairs has been filed nor any reasonable excuse for the non-filing has been given. Accordingly it was prayed that this Court be pleased to summon the accused and punish them according to law. During the -pendency of this complaint before the learned Single Judge question arose as to on whom the burden lies to show that there was no reasonable excuse for the respondent for not filing the statement of affairs of the company within the prescribed time. Rangarajan, J. considered that the matter was of great importance which was not only raised in a number of prosecution which