Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Interlink (Pvt.) Ltd., (Through its M.D. Surendra Nath Dash) – Appellant
Versus
Union of India (C.B.I) – Respondent
| Table of Content |
|---|
| 1. criminal conspiracy liability of a company (Para 1 , 3 , 4) |
| 2. arguments against company's criminal liability (Para 5 , 6 , 7 , 8) |
| 3. cbi's account of the legal proceedings (Para 9 , 10 , 11 , 12) |
| 4. corporate criminal liability and mens rea (Para 14 , 15 , 16 , 17) |
| 5. court's dismissal rationale and implications (Para 18 , 19 , 20 , 21 , 22 , 23) |
judgment :
S.S. Mishra, J.
1. The petitioner, a juristic person being a private limited company, has approached this Court under Section 482 of the Cr.P.C., 1973 assailing the order dated 18.11.2023 passed by the learned Special Judge (C.B.I.-I), Bhubaneswar in T.R. Case No. 01 of 2008 arising out of FIR No. RC BSK 2007 E 002, whereby the petition filed under Section 239 of the Cr.P.C. seeking discharge from the offences punishable under Sections 420 and 120-B of the IPC was rejected.
2. Heard Mr. Devashis Panda, learned Counsel for the petitioner and Mr. Sarthak Nayak, learned Special P.P. -cum- Retainer Counsel, Union of India (C.B.I.), Opposite Party.
Facts of the Case
3. The facts of the case, briefly stated, devoid of unnecessary details, are that the co-accused persons, namely Surendra Nath Dash (Managing Director of the
A corporation can be prosecuted for criminal offences requiring mens rea, as the intent of its directors can be attributed to the company.
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,....
Directors cannot be held vicariously liable for company crimes absent active role, criminal intent or statutory provision; no conspiracy without meeting of minds; discharge warranted if no prima faci....
The main legal point established in the judgment is the necessity of fulfilling the essential ingredients of the offence of cheating under Section 420 of the IPC and the liability of directors in cor....
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....
Directors are liable for fraudulent acts conducted by companies under their management, regardless of individual agreements for discharge.
A dissolved company can still be prosecuted through its responsible individuals, affirming the continuity of liability under corporate law.
The main legal point established is the necessity of thorough investigation to determine fraudulent and dishonest intention in cases of financial disputes.
(1) Principle of res judicata is equally applicable in criminal matters.(2) Dishonour of cheque – A person cannot be vicariously prosecuted, especially for offences under IPC, merely on account of fa....
The court determines that without proof of non-directional status, discharge from criminal prosecution is not warranted.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
