(c) a contributory being taken as a reference to a member of the company. 314 Cancellation of final judicial management order (1 ) If at any time, on application by the final judicial manager or any person having an interest in a company under judicial management, it appears to the court that the purpose of the final judicial management order has been fulfilled or that for any reason it is undesirable that the order should remain in force, the court may cancel such order and thereupon the final judicial manager shall be divested of his functions. (2 ) In cancelling any final judicial management order the court shall give such directions as may be necessary for the resumption of the management and control of the company by the officers thereof, including directions for the convening of a general meeting of members for the purpose of electing directors of the company. Offences Antecedent to or in Course of Winding Up or Judicial Management 315 Power of court to assess damages against delinquent promoters and directors (1 ) Where in the course of winding up or judicial management of a company it appears that any person who has taken part in the formation or promotion of the company or any past or present officer, liquidator or judicial manager of the company has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misconduct or breach of trust in relation to the company, the court may, on the application of the Master or of the liquidator or judicial manager or of any creditor or contributory, inquire into the conduct of the promoter, officer, liquidator or judicial manager and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just or to contribute such sum to the assets of the company by way of compensation in respect of the misapplication, retention, misconduct or breach of trust as the court thinks just. (2 ) This section shall apply notwithstanding that the offence is one for which the offender may be criminally responsible. 316 Penalty for failure by directors and others to attend meetings Every person shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment who, being or having been a director of a company unable to pay its debts, has been required in writing— (a ) by the Master to attend the first and second meetings of creditors in the winding up or judicial management of the company; or (b ) by the liquidator or judicial manager to attend any subsequent meeting of creditors of the company; and absents himself without valid excuse therefrom without the written permission of the Master or the presiding public officer. [Section as amended by Act No. 22 of 2001] 317 Offences consequent upon a winding up or judicial management (1 ) Where a company is being or has been wound up or is or has been under judicial management and is a company unable to pay its debts, every person shall be guilty of an offence and liable to imprisonment for a period not exceeding three years who, at any time within the six months next preceding the commencement of the win ding up or of the judicial management of the company, and while being an officer of the company, does any of the following acts, unless he satisfies the court, in each case, that he had no intention to defraud, namely, every person who— (a ) conceals, destroys, mutilates or falsifies, or is privy to the concealment, destruction, mutilation or falsification, of any book or document relating to the property or affairs of the company or makes or is privy to the making of any false entry in any such book or document; or (b ) conceals any part of the property of the company to the value of twenty dollars or upwards which ought by law to be divided amongst the creditors of the company; or (c) causes or permits any property of the company, which it has obtained on credit and has not paid for, to be pledged, mortgaged or disposed of otherwise than in the ordinary course of the company’s business. (2 ) Every person shall be guilty of an offence and liable to imprisonment for a period not exceeding three years who, while being an officer of a company and with intent to defraud the creditors of the company in the event of its being wound up or being placed under judicial management and being a company unable to pay its debts— (a ) does any act specified in subsection (1); or (b ) removes or disposes of any part of the property of the company to the value of twenty dollars or u pwards; or (c) parts with or is privy to the removal or disappearance of any books or documents relating to the property or affairs of the company. (3 ) Where a company is being or has been wound up or is or has been under judicial management and is a company unable to pay its debts, every person shall be guilty of an offence and liable to imprisonment for a period not exceeding three years who, within the twelve months next preceding the commencement of the winding up or of the judicial management of the company and while being an officer of the company, acts as follows, unless he