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1950 DIGILAW 177 (MAD)

Janaparareddi Tirupati Rao v. Kancherla Veeraswami

1950-04-20

SATYANARAYANA RAO

body1950
Judgment This is an appeal against the order of the learned District Judge of West Godavari directing, under section 70 of the Provincial Insolvency Act, that a complaint may be filed against the insolvent as in his opinion, there was ground for enquiring into offences referred to in section 69 of the Act. The main argument in this appeal is that there is no proof that any of the acts contemplated by section 69 of the Provincial Insolvency Act were in fact committed and that therefore the order of the learned District Judge is unsustainable. In my opinion it is unnecessary under section 70, to establish, before launching a prosecution, the various offences referred to in section 69. All that section 70 requires is that the Court should be satisfied that there is ground for enquiring into any offences referred to in section 69. It is not necessary, and the Court is not bound, so far as the language goes, to make a preliminary enquiry even. In the present case the learned District Judge was satisfied that there was sufficient ground for filing a complaint against the insolvent. The order of the learned District Judge, in my opinion, is perfectly correct and the appeal therefore fails and is dismissed with costs. V.S. ------ Appeal dismissed.