Section 371 – The Companies Act,1956

The Companies Act, 1956

371. Penalty for contravention of section 369, 370 or 370A

(1) Every person who is a party to any contravention of 1[2[***] section 370 [excluding sub-section (1C) or (1D)], or section 370A] including in particular any person to whom the loan is made, or in whose interest the guarantee is given or the security is provided, shall be punishable with fine which may extend to 3[fifty thousand rupees] or with simple imprisonment for a term which may extend to six months:

Provided that where any such loan, or any loan in connection with which any such guarantee or security has been given or provided by the lending company, has been repaid in full, no punishment by way of imprisonment shall be imposed under this sub-section; and where rite loan has been repaid in part, the maximum punishment which may be imposed under this sub-section by way of imprisonment shall be proportionately reduced.

(2) All persons who are knowingly parties to any such contravention shall be liable, jointly and severally, to the lending company for the repayment of the loan, or for making good the sum which the lending company may have been called upon to pay in virtue of the guarantee given or the security provided by such company.

1. Subs. by Act 65 of 1960, sec. 137, for “section 369 or 370” (w.e.f. 28-12-1960).

2. The words “section 369 or” omitted by Act 53 of 2000, sec. 116 (w.e.f. 13-12-2000).

3. Subs. by Act 53 of 2000, sec.166, for “five thousand rupees” (w.e.f. 13-12-2000).

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