law: Companies Act, 2013 
  342.
  
    Prosecution
  
  of delinquent officers and members of company.
  1.      If it appears to the
  
  Tribunal in the course of a winding up by the Tribunal, that any person, who is
  
  or has been an officer, or any member, of the company has been guilty of any
  
  offence in relation to the company, the Tribunal may, either on the application
  
  of any person interested in the winding up or suo motu , direct the
  
  liquidator to prosecute the offender or to refer the matter to the Registrar.
  2.      If it appears to the
  
  Company Liquidator in the course of a voluntary winding up that any person, who
  
  is or has been an officer, or any member, of the company has been guilty of any
  
  offence in relation to the company under this Act, he shall forthwith report
  
  the matter to the Registrar and shall furnish to him such information and give
  
  to him such access to and facilities for inspecting and taking copies of any
  
  books and papers, being information or books and papers in the possession or
  
  under the control of the Company Liquidator and relating to the matter in
  
  question, as the Registrar may require.
  3.      Where any report is
  
  made under sub-section (2 ) to the Registrar,—
  a.     
  
    if
  
  he thinks fit, he may apply to the Central Government for an order to make
  
  further inquiry into the affairs of the company by any person designated by him
  
  and for conferring on such person all the powers of investigation as are
  
  provided under this Act;
  b.    
  
    if
  
  he considers that the case is one in which a prosecution ought to be
  
  instituted, he shall report the matter to the Central Government, and that
  
  Government may, after taking such legal advice as it thinks fit, direct the
  
  Registrar to institute prosecution:
  Provided
  
  that no report shall be made by the Registrar under this clause without first
  
  giving the accused person a reasonable opportunity of making a statement in
  
  writing to the Registrar and of being heard thereon.
  1.     
  2.     
  3.     
  4.      If it appears to the
  
  Tribunal in the course of a voluntary winding up that any person, who is or has
  
  been an officer, or any member, of the company has been guilty as aforesaid,
  
  and that no report with respect to the matter has been made by the Company
  
  Liquidator to the Registrar under sub-section (2 ), the Tribunal may, on
  
  the application of any person interested in the winding up or suo motu, direct
  
  the Company Liquidator to make such a report, and on a report being made, the
  
  provisions of this section shall have effect as though the report had been made
  
  in pursuance of the provisions of sub-section (2 ).
  5.      When any prosecution
  
  is instituted under this section, it shall be the duty of the liquidator and of
  
  every person, who is or has been an officer and agent of the company to give
  
  all assistance in connection with the prosecution which he is reasonably able
  
  to give.
  Explanation. —For the purposes of
  
  this sub-section, the expression “agent”, in relation to a company, shall
  
  include any banker or legal adviser of the company and any person employed by
  
  the company as auditor.
  1.     
  2.     
  3.     
  4.     
  5.     
  6.      If a person fails or
  
  neglects to give assistance required by sub-section (5 ), he shall be
  
  liable to pay fine which shall not be less than twenty-five thousand rupees but
  
  which may extend to one lakh rupees.