Former director in court over bankruptcy status

  • Nation
  • Friday, 02 Dec 2011

KUALA LUMPUR: A former company director was charged in the Sessions Court here for two offences under the Companies Act 1965 (Act 125).

Othman Mahmood, 59, claimed trial to acting as a company director at Dom Industries (M) Sdn Bhd as a bankrupt.

He allegedly committed the offence at Dom Industries (M) Sdn Bhd, Level 4, Block C, Megan Phoenix, Jalan 2/142A, 6th Mile, Jalan Cheras, here, between March 1, 2007 and Jan 21, 2008.

The offence is punishable under Section 125(1) of the Companies Act 1965 (Act 125), which provides a jail sentence of up to five years or a RM100,000 fine or both, if convicted.

Othman is also accused of making a fake statement in “48A Form” dated March 1, 2007, submitted to the Company Registrar under Section 123(4) of the same act.

In the form, he had declared that “he is not an undischarged bankrupt”.

The offence took place at the Companies Commission of Malay­sia, Level 2, Putra Place, 100 Jalan Putra, here, on March 1, 2007.

For the second charge under Section 364(2) of the same act, he faces a jail sentence of up to 10 years or a RM250,000 fine or both, if convicted.

Prosecuting officer Faizah Ahmad and Nor Atiqah Mohd Yamin from the Companies Commission of Malaysia prosecuted while Kalwant Singh represented Othman.

Faizah said the court should impose bail at RM20,000 in one surety.

Kalwant said Othman was jobless and he had never committed an offence in this country or anywhere else.

Sessions judge Zamzani Abdullah fixed bail at RM20,000 in one surety pending mention on Dec 30.

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