2015 (1) TMI 1343 - HC - Companies Law

Petitioner ceased to be a Director on the date of alleged offence - no prosecution for the offences committed by other Directors - Held that - Whether petitioner had ceased to be a Director on the date of alleged offence, whether petitioner can be held liable for offences committed by other Directors are the matters to be decided before the trial court. These factual disputes cannot be decided in a petition under Section 482 Cr.P.C. The petition is dismissed with these observations.

Summary

The Karnataka High Court dismissed a petition stating that the petitioner, accused no.2, had ceased to be a Director on the date of the alleged offense and cannot be prosecuted for offenses committed by other Directors. The court ruled that such factual disputes cannot be decided in a petition under Section 482 Cr.P.C. (2015 (1) TMI 1343 - KARNATAKA HIGH COURT)