payee company under liqidation

pkm (Querist) 17 July 2009 This query is : Resolved
drawer of a cheque being a company liqidated as per order of high court. The payee company who has filled complaint under section 138 has also order by high court to wind-up.who will fight criminal case since official liquidator has been appointed.wheather official liquidator has a right to continue criminal proceeding. wheare as official liquidator duty is to take assests of the company & realise them & pay to the concern person / institution. i want were such type of situation will be available for reading or some case laws on them

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Raj Kumar Makkad (Expert) 01 October 2009
Yes. Liquidator has got every power as mentioned by you in the quarry so he can perfrom his role of continuance of complaint as well as to pay the arrears out of proceeds recovered.

Sachin Bhatia (Expert) 11 October 2009
Yes official liquidator has a right to continue criminal proceeding, he can perfrom his role of continuance of complaint.