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Issues: Whether criminal proceedings for alleged non-compliance of company law obligations could be quashed against an accused who had resigned as director long before the period of default, on the basis of unimpeachable material showing that he was not responsible for the company's affairs at the relevant time.
Analysis: The accused had resigned as director in 1995, whereas the alleged defaults related to the years 2008-2009 and 2009-2010. The resignation and cessation from office were supported by material of sterling and impeccable quality, including earlier proceedings in which the regulatory authority had already recorded that no action was required against him after he ceased to be a director. In such circumstances, the allegations could not fasten liability on him for defaults committed much later. Continuation of the proceedings would serve no useful purpose and would amount to harassment and abuse of process.
Conclusion: The proceedings against the petitioner were liable to be quashed, and the petition was allowed in favour of the petitioner.
Ratio Decidendi: Where unimpeachable material shows that an accused had ceased to be a director long before the alleged company-law default, criminal proceedings against him for that later default are liable to be quashed as an abuse of process.
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