9911796707
TMI Blog2022 (4) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... A HADA VERSUS GODFATHER TRAVELS TOURS (P.) LTD. [ 2012 (5) TMI 83 - SUPREME COURT] where it was held that the proceedings without making the Company a party was not maintainable. The present petition also raised a similar issue where the proceedings are instituted against the petitioners, who are Directors of the Company (accused Nos.1 and 2) without the proceedings are instituted without making the Company a party. The criminal petition is allowed. - Criminal Petition No. 1836/2022 - - - Dated:- 15-3-2022 - Mr. Justice M. Nagaprasanna, J. For the Petitioners : Sri. Y. Chetan Jadhav, Advocate For Sri. C.H. Jadhav, Senior Advocate. For the Respondent : Sri. B.J. Rohith, HCGP. ORDER Identical criminal petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions incorporated in Section 141 are to be satisfied. 50. However, it is noticeable that the Bench thereafter referred to the dictum in Sheoratan Agarwal [(1984) 4 SCC 352: 1984 SCC (Cri) 620] and eventually held as follows: (Anil Hada case [(2000) 1 SCC 1: 2001 SCC (Cri) 174] , SCC p. 10, para 21) 21. We, therefore, hold that even if the prosecution proceedings against the company were not taken or could not be continued, it is no bar for proceeding against the other persons falling within the purview of sub-sections (1) and (2) of Section 141 of the Act. In the light of the aforesaid judgment of the Apex Court, the proceedings without making the Company a party was not maintainable. 8. The said judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proof thereof. One cannot be oblivious of the fact that the company is a juristic person and it has its own responsibility. If a finding is recorded against it, it would create a concavity in its reputation. There can be situations when the corporate reputation is affected when a Director is indicted . The said authority has been following by this Court in the case of SANJAY JAIN (supra). 11. A perusal of the complaints show that the petitioner is arraigned as an accused in his individual capacity, although his position as a Director in the company is mentioned. It is one thing to say that the company is the accused represented by its Director and it is another to say that an individual being described as a Director in a particu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
