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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATA JYOTHIRMAI PRATAPA
Juturu Venkateswara Ravi Prasad – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. details of criminal petitions and facts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented for and against quashing. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's determination on vicarious liability. (Para 17 , 18 , 19 , 20 , 21) |
| 4. quashing of proceedings and conclusion. (Para 22 , 23) |
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
a. Respondent No.2 in all these Crl.P.s filed private complaints on the file of the Court of Judicial Magistrate of First Class, Dharmavaram stating that A.1 is the Company, whereas A.2 is the Managing Director, and A.3 to A.5 are the Directors of A.1-Company.
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 o
Vicarious liability cannot be imposed on a company's directors under IPC unless there is specific statutory provision; direct involvement must be established.
Vicarious liability cannot be imposed on company Directors without specific statutory provisions; mere designation does not imply culpability without evidence of involvement.
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....
Criminal proceedings ought not to be scuttled at the initial stage. Quashing of a complaint should rather be an exception and a rarity than an ordinary rule. Considering the allegations made in the c....
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....
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
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