section 402(2)


402(2) No person shall be convicted of an offence under this section (a) where, to the satisfaction of the court or judge, he (i) accounts for his losses, and (ii) shows that his failure to keep books was not intended to defraud his creditors; or (b) where his failure to keep books occurred at a time more than five years prior to the day on which he was unable to pay his creditors in full.