ORDER :

The above company application is filed by accused nos. 1, 3, 4, 5 and 6 in Crl. Complaint No.1 of 2022 filed under Section 227 of the Code of Criminal Procedure and Rule 9 of the Company Court Rules, 1959 seeking discharge.

2. Criminal Complaint No.1 of 2022 is filed under Section 538 (1) of the Companies Act, 1956 (hereinafter referred to as “Act of 1956) for failure of accused, eight in number, to comply with the requirement of Clause (c) of Subsection (1) of Section 538 of the Act of 1956. The complaint is in the matter of M/s. Variety Finance and Traders Pvt. Ltd. (in Prov. Liquidation) which was ordered to be wound up as per order dated 02.07.2009 of this Court in C.P. No.7 of 2007 and the official liquidator attached to this court has been appointed as the official liquidator of the company. The accused were the directors of the company as on the date of the winding-up order. As per the complaint, the ex-directors of the company, accused nos.1 to 6 filed the statement of affairs of the company as per the provisions of Section 454 (1) of the Act of 1956 and Rule 127 of the Company (Court) Rules 1959 (hereinafter referred to as “Rules 1959). It is averred in the complaint