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DELHI HIGH COURT
ASHA MENON
Kabita Ghosh – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. background of the case against the petitioners. (Para 1 , 2) |
| 2. arguments against the summons and trial. (Para 3 , 4 , 5) |
| 3. observations on the role and liability of petitioners. (Para 6 , 7 , 8 , 9 , 10) |
| 4. guidelines for quashing criminal proceedings. (Para 11 , 12) |
| 5. court's rationale on exercising inherent powers. (Para 13) |
| 6. conclusion: petition granted and proceedings quashed. (Para 14 , 15 , 16) |
JUDGMENT
Asha Menon, J.
1. This petition has been filed under Section 482 of the Cr.P.C. for quashing of criminal proceedings and summoning order dated 17th January, 2020 passed by the Ld. Special Judge (PC Act), CBI, RACC/New Delhi in CBI case No.412/2019 titled as CBI Versus Chanchal Ghosh and Others under Section 120B IPC read with Sections 420/465/471 IPC and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 pending before the Special Judge, CBI.
2. The facts as relevant for the disposal of this case are that various persons were found to have defrauded the Corporation Bank, Vasant Vihar branch, New Delhi. A chargesheet was filed against seven accused persons but the petitioners were shown in column No.12. The learned Spe
A director's mere position does not establish criminal liability; there must be evidence of active involvement and intent in the alleged offense for summoning to be justified.
The judgment established the requirement for an active role with criminal intent to summon an accused and highlighted the court's inherent powers to quash criminal proceedings.
It is trite that court would exercise its power under Section 482 Cr.P.C. only in rarest of rare cases, when there is perversity in orders of courts below or it results in miscarriage of justice.
Independent directors cannot be held criminally liable under Section 138 of the NI Act without specific allegations demonstrating their responsibility for the company's conduct, as mere designation i....
Non-executive directors cannot be held liable under the Negotiable Instruments Act without specific allegations of their involvement; general averments are insufficient to summon them for proceeding.
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