...reported in (2018) 14 SCC 202 wherein, the earlier Judgement of the Supreme Court regarding the criminal liability of Directors of the company under Section 141 ...Court order dated 07.08.2019 in ] Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to call for the records and quash the complaint in 1/6... This petition has been filed by the Non-Executive Directors of the company. The petitioners alleged that the subject cheque was not given with their knowledge or consent. The...

...of the public analyst was not final and that the same could be challenged under Section 13(2) of the said Act. Ground 6 deals with the criminal liability of the Directors of the Company o...(4) What is the liability of the Directors of a company which is said to have committed defaults within the meaning of Section 17 of the 1954 Act, in...(2) of the 1954 Act.18. On the question of the liability of the Directors of the appellant Company on account of the alleged violation of the provi...

...under the IBC may result in extinguishment of the actual debt by restructuring or through the process of liquidation. But such extinguishment will not absolve its directors from the criminal liability. Sec...: (i) Section 138 NI Act proceedings are not recovery proceedings. (ii) The Directors of the Company remains liable under Section 138 of the NI Act, even...company gets dissolved, the directors and the other accused cannot escape from their liability by citing its dissolution. What is dissolved is only the company, not the personal penal liability of the...

...(2012) 5 SCC 661, the Honble Supreme Court has held that liability of the company and the Directors requires to be considered with reference to the company and the nature of its entity and applica...on the Directors of the company. It was held that a company being a juristic person, criminal liability can be fastened on it. If a company is not.... 2. Learned counsel for the petitioner submits that it is a settled position of law that when a criminal action is sought to be taken against the Directors of a company, the same...

...would be personally liable. The second judgment in Parthasarathi Sinha's case (supra) concerned continuation of malfeasance proceedings initiated against Directors of a company against the legal heirs on the death ...Directors who were charged for acting pursuant to a criminal conspiracy.23. In the plaint there are no averments of malfeasance or misfeasance. None have been proved. It is not the case pleaded that the ...and Paisa Sixty Three only).19. This takes us to the issue of liability of the Directors and perhaps issue No. 3: whether the suit is bad for misjoinder of parties.20. A...

...which appellant, Venkataraman in Criminal Appeal No. 2344 of 2011 and appellant, Mani Prasad in Criminal Appeal No. 2343 of 2011 were Directors and appellant, Chandrasekhran in Criminal Appeal No....Directors and Promoter in the Court of Judicial First Class Magistrate Changanasserry and the same was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure and t...deceive the complainant and committed the offences as alleged.5. The Company and its Directors filed petitions under Section 482 of the Criminal Procedure Code in Criminal MC No. 220 to 222 ...

...the IBC may result in extinguishment of the actual debt by restructuring or through the process of liquidation. But such extinguishment will not absolve its directors from the criminal liability. Section 1...statutory notice. The only question before the criminal court is whether the cheque issued by the accused towards the discharge of his liability was dishonoured and despite the service of demand notice...Magistrate taking cognizance upon the complaint and during the pendency, the company gets dissolved, the signatories/directors cannot escape from their penal liability under Section 138 of the NI Act by...

...held liable. Thus, a reading of the relevant provisions including the definition of the “Officer who is in default” as given in Section 5 would make it amply clear that the criminal liability of ordinary ...acts of the Company above mentioned would not arise. Admittedly, the petitioners herein are the mere Directors of the Company and as such criminal liability cannot be fastened to the petitioners in...sought to be quashed as contended by learned Counsel for the petitioners. Mr. V.S Raju is that the petitioners are merely the Directors of the Company which has been shown as A-1 and that in view of the...

...of the aforesaid decisions are as follows: "12. …..The section 78 specifically deal with offence by companies and the criminal liability is fastened on t...liability of the Directors to pay the sales-tax dues of the Company nor does it empower the authorities to proceed against the personal properties of the Directors. The very f...of the Directors without providing for any personal liability of the Directors of their personal...

...Section 179 of the Income-tax Act, 1961, there is no provision in the Sales-tax Act fastening the liability of t...the Directors who were in charge of and were responsible for the conduct of the business of the Company, but does not at all provide for any personal liability of the Directors to pay the...on the ground that the Company and its Directors being separate legal entities, the liability of the Company to pay sales-tax cannot be fastened on the Directors personally or on the personal...

...liability, there is no presumption that every Director knows about the transaction.(ii) Section 141 does not make all the Directors liable for the offence. The criminal ...as there is no deemed liability of a Director in such cases.”16. Every company is required to keep at its registered office a register of its Directors...indicate that criminal liability of a Director must be determined on the date the offence is alleged to have been committed.18. On 2-3-2004, the appellant sent a letter of...

...in the complaint so as to make the accused vicariously liable. For fastening the criminal liability, there is no presumption that every Director knows about the transaction.(ii) Section 141 does...necessary averments ought to be contained in a complaint before a person can be subjected to criminal process. A liability under Section 141 of the Act is sought to be fastened vicariously on a person...P. Sathasivam, J.— Leave granted in all the above special leave petitions. The appeals arising out of SLPs (Criminal) Nos. 445-61 of 2008 have been filed by the appellant...

...accused in a 138 complaint only by virtue of the fact that the criminal liability of the Directors and the Officials of the Company is vicarious in nature. Therefore, no action can be brought agai...Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., to set aside the order passed by the learned Fast Track Court-III, Metropolitan...Company, the penal liability under Section 138 of the Negotiable Instrument Act, cannot be avoided and it is an independent action irrespective of the fact where the company...

...F.I.R. against respondent-company, its directors and guarantor in respect of their criminal liability for offence under Sections 403, 406, 417, 420, 421, 422, 423, 424, 120B, 109 read with Section...not to proceed against the respondent-company and its directors in the aforesaid 3 criminal complaints of 2007. There was no admission, muchless judicial admission of petitioner, within the meaning of...directors. The petitioner chose to deliberately suppress this fact of filing criminal complaints and subsequently settlement before learned court in the said proceedings. Entering into MOU dated...

...specifically deal with offence by companies and the criminal liability is fastened on the Directors who were in charge of and were responsible for the conduct of the business of the Company, but d...all provide for any personal liability of the Directors to pay the sales-tax dues of the Company nor does it empower the authorities to proceed against the personal properties of the Directors. Th...advocate for the petitioner that this Hon'ble Court in various judgments have held that the liability of a company cannot be fastened on its directors in the matter of payment of sales tax dues and...

...to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable. For fastening the criminal liability, there is no presumption that every Director knows about the transaction....High Court framed Criminal Revision No. 4099 of 2011 two questions as under:“(i) Whether the Directors can be prosecuted on the bald assertion made in the complaint...company and the respondents therein and some others were the Directors/persons responsible for carrying on the business of the company and their liability shall be joint and several. The respondents...

...Act, 1961, there is no provision in the Sales-tax Act fastening the liability of the Company to pay its sales-tax dues on its Directors. 12. Reliance placed by the le...the Directors who were in charge of and were responsible for the conduct of the business of the Company, but does not at all provide for any personal liability of the ...6 of 8 liability of Company on its Directors in the matter of payment of sales-tax dues. There appears to be substance in the...

...in part. Unlike Section 179 of the Income-tax Act, 1961, there is no provision in the Sales-tax Act fastening the liability of the Company to pay its sales-tax dues on its Directors. ...fastened on the Directors who were in charge of and were responsible for the conduct of the business of the Company, but does not at all provide for any personal liability of the ...the Directors without providing for any personal liability of the Directors or their personal properties for payment of sales-tax dues of the Company in question, the provisions of...

... Visakhapatnam for invoking criminal liability against the petitioner/accused and other Directors. 4. The apprehension of the petitioner/accu...E R:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') has been filed on behalf of the petitioner/accused to...Labour issued notice to the petitioner/accused, one of the Directors of the said firm vide Notice No.B/1398/2024, dated 20.07.2024 directing the petitioner/accused and other Directors to submit...