Companies Act, 2013
337.
Penalty
for frauds by officers.
If
any person, being at the time of the commission of the alleged offence an
officer of a company which is subsequently ordered to be wound up by the
Tribunal or which subsequently passes a resolution for voluntary winding up,—
a. has, by false
pretences or by means of any other fraud, induced any person to give credit to
the company;
b. with intent to
defraud creditors of the company or any other person, has made or caused to be
made any gift or transfer of, or charge on, or has caused or connived at the
levying of any execution against, the property of the company; or
c. with intent to
defraud creditors of the company, has concealed or removed any part of the
property of the company since the date of any unsatisfied judgment or order for
payment of money obtained against the company or within two months before that
date, he shall be punishable with imprisonment for a term which shall not be
less than one year but which may extend to three years and with fine which
shall not be less than one lakh rupees but which may extend to three lakh
rupees.