This is a criminal revision case which has been filed against the conviction and sentence of the Fourth Presidency Magistrate, G.T., Madras, in C.C. No. 4903 of 1951.

The facts are: The petitioner before us, B.N. Viswanathan, who was the fourth accused in the lower Court was one of the Directors of the Madras Electrical Industries Ltd., by its Managing Agents, the Indian Trades and Investments, Ltd. This fourth accused appears to have had the controlling interest in the Managing Agency because out of the ten shares of the Managing Agency concern, nine belongs to his wife, for whom he acts, and one belongs to this accused as pointed out by Mack, J., in his order in O. P. No. 1028 of 1951. This accused has also given his address as 310-311, Linghi Chetti Street, to the Assistant Registrar of Joint Stock Companies and this is the address of the Managing Agency concern, the Indian Trades and Investments Ltd., also.

In these circumstances on account of the internecine quarrels which seem to have dogged the footpath of this firm from the beginning the company laid its last balance-sheet and profit and loss account before the General Body meeting held on 31st March, 1949. No balance