AI Structured Summary
Not yet generated for this judgment
Judgment
Satyanarayana Rao, J.
This is an appeal against the order of the learned Dist. Judge of West Godavari, directing, u/s 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 u/s 70, to establish, before
launching a prosecution, the various offences referred to in Section 69. All that Section 70 requires is that the Ct. should be satisfied that there is
ground for enquiring into any offences referred to in Section 69. It is not necessary, & the Ct. 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 Dist. Judge, in my opinion, is perfectly correct and the appeal therefore fails & is dismissed with costs.