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SURAJ GOVINDARAJ
United Spirits Limited – Appellant
Versus
Neel Rajesh Shah Major Son Of Late Rajesh Himmatlal Shah – Respondent
ORDER :
1. The petitioner who is accused No.1 in C.C.No.3118/2017 is before this Court seeking for the following reliefs:
2. The Petitioner – United Spirits Limited (USL) claims to be a leading liquor manufacturer in India, originally incorporated as ‘McDowell Spirits Limited’ under the Companies Act, 1956, listed on the National Stock Exchange Limited and the Bombay Stock Exchange Limited. The complainant had filed a complaint seeking prosecution of the accused and certain officials employed by the accused, alleging that they had systematically carried out a planned conspiracy for cancelling the complainant’s valuable shares by generating duplicate share certificates worth about Rs.90 lakhs to Rs.1 crore and thereby have committed offences under Sections 477, 467, 418, 416, 405, 403, 197 and 198 read with Sections 34 and 120A of IPC. The Magistrate, having recorded the sworn statement, issued process vide order dated 23.12.2016. Upon service of said process,
A company cannot evade criminal liability for actions taken by its officers, and a power of attorney holder with knowledge can file a valid complaint.
The main legal point established in the judgment is that criminal proceedings cannot be used to settle civil disputes, and vicarious liability of directors requires specific averments showing their i....
A company can be held criminally liable for offences committed in relation to its business, and the court can impose a sentence of fine on the company even if the prescribed punishment includes impri....
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....
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,....
The main legal point established in the judgment is that a complaint filed by a company under Section 138 of the Negotiable Instruments Act must be in the name of the company and can be represented b....
Sufficient averments in a complaint against a director fulfill requirements of Section 141 of the NI Act for vicarious liability. Failure to respond to statutory notices under Section 138 infers liab....
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