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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH
Integrated Finance Company Limited – Appellant
Versus
P.G. Thomas, S/o. late P.T. Thomas – Respondent
ORDER :
N. NAGARESH, J.
These Criminal Revision Petitions are filed by accused Nos.1 to 5 in CC Nos.197/2006 and 230/2006 on the files of the Court of the Judicial First Class Magistrate's Court-I, Alappuzha.
2. The 1st petitioner in the Crl.R.P. is an incorporated Finance Company. The 2nd petitioner is the Managing Director and petitioners 3 and 4 are Directors. The 5th petitioner is the Branch Manager and Deposit Consultant.
3. The respondents/complainants alleged that the 1st petitioner-Company was accepting deposits from the public offering higher rate of interest. The petitioners represented that they are accepting deposits strictly in accordance with the supervision and control of the Reserve Bank of India. Believing the petitioners, the complainant in Crl.R.P. No.1660/2018 deposited ₹3 lakhs and the complainant in Crl.R.P. No.1665/2018 deposited ₹2 lakhs. The deposits were made from August, 2002 to April, 2005. The petitioners paid interest only upto April, 2005. The complainants came to know that the RBI has prohibited the Company from accepting any deposits. The complainants alleged that the petitioners have cheated them and had dishonestly and fraudulently induced them to par
Directors of a company cannot be held criminally liable for actions of the company unless statutory vicarious liability is established; allegations must show mens rea for fraud.
Directors of a finance company are not automatically vicariously liable for corporate actions; specific mens rea must be established for criminal offences.
Directors are liable for fraudulent acts conducted by companies under their management, regardless of individual agreements for discharge.
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,....
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.
Prima facie liability exists for directors in financial misconduct during their tenure, despite subsequent resignation.
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