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The HC quashed criminal proceedings under Section 138 NIA against former directors of a company under liquidation. Applicants 2 and 4 had resigned as directors in 2015 and 2017 respectively, before the alleged cheque issuances in 2022. The court held that Section 141 NIA requires persons to be in charge of and responsible for company business at the time of offence commission. Post-moratorium under IBC 2016, powers transferred to Resolution Professional, rendering applicants 1 and 3 without authority to issue cheques. The court found cheques were actually issued in 2018 as security, and Resolution Professional had instructed the complainant not to deposit them after moratorium declaration on 9.5.2019. Criminal liability cannot attach to persons lacking requisite control and responsibility over company operations.
The HC quashed criminal proceedings under Section 138 NIA against former directors of a company under liquidation. Applicants 2 and 4 had resigned as directors in 2015 and 2017 respectively, before the alleged cheque issuances in 2022. The court held that Section 141 NIA requires persons to be in charge of and responsible for company business at the time of offence commission. Post-moratorium under IBC 2016, powers transferred to Resolution Professional, rendering applicants 1 and 3 without authority to issue cheques. The court found cheques were actually issued in 2018 as security, and Resolution Professional had instructed the complainant not to deposit them after moratorium declaration on 9.5.2019. Criminal liability cannot attach to persons lacking requisite control and responsibility over company operations.
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