If an officer of the corporate debtor or the corporate debtor-
(a) has made or caused to be made any gift or transfer of, or charge on, or has caused or connived in the execution of a decree or order against, the property of the corporate debtor;
(b) has concealed or removed any part of the property of the corporate debtor within two months before the date of any unsatisfied judgment, decree or order for payment of money obtained against the corporate debtor, such officer of the corporate debtor or the corporate debtor, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one year, but which may extend to five years, or with fine, which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both:
Provided that a person shall not be punishable under this section if the acts mentioned in clause (a) were committed more than five years before the insolvency commencement date; or if he proves that, at the time of commission of those acts, he had no intent to defraud the creditors of the corporate debtor.
Legal Commentary & Landmark Judgments: Section 69
Section 69 imposes criminal punishment on officers of the corporate debtor who execute transactions defrauding creditors, including making gifts, transfers, or charges on property with intent to defeat creditors.
Use Section 69 against directors who gifted company lands to family trusts or created sham debenture charges while civil money decrees were pending against the company. Prosecute before the Special Court under Section 236.