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VENKATA JYOTHIRMAI PRATAPA
Juturu Venkateswara Ravi Prasad, S/o. J. Subrahmanyam – Appellant
Versus
State of Andhra Pradesh, Rep. by the Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
These Criminal Petitions are filed under Section 482 of Code of Criminal Procedure, 1973, [In short 'the Code'] by the Petitioner who is arrayed as an Accused in a series of C.C.s on the file Court of Judicial Magistrate of First Class, Dharmavaram, registered for the offence punishable under Sections 409 and 420 r/w 34 of the Indian Penal Code, 1860., [In short 'IPC']
2. The facts leading to filing of the present petitions are thus :
b. It is stated that A.2 to A.5 professed that it is a reputed business concern having turnover over crores of rupees and they are maintaining in different retail outlets in the name and style of Kalaniketan. All the accused are effectively participating in the promotion and business transactions of the Company. While so, A.2 and A.3 came down to Dharmavaram, and entered into business transactions with the de facto complainant. A.2 to A.5 with dishonest and frau
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Vicarious liability cannot be imposed on a company's directors under IPC unless there is specific statutory provision; direct involvement must be established.
The judgment established the principle that for criminal liability of an officer of a company, there must be sufficient evidence of their active role in the transaction, coupled with criminal intent,....
Point of Law : Escrow agreement – Criminal Breach of Trust and Cheating - Proceedings quashed - Without knowing actual role of petitioners and in what manner they have participated in affairs of comp....
In order to constitute an offence of criminal conspiracy and to attract its rigor, two factors must spring forth from the facts of the case:(i) involvement of more than one person and (ii) an agreeme....
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
Liability under Section 141 of NI Act depends on the role in the conduct of the company's affairs, not just the designation, and the burden of proof lies on the accused to establish lack of knowledge....
Vicarious liability in criminal law cannot be imposed without explicit statutory provisions, and allegations must demonstrate direct involvement and intent of the accused.
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