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    <title>2008 (2) TMI 619 - Supreme Court</title>
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    <description>Criminal breach of trust requires entrustment of property and dishonest misappropriation, conversion, use or disposal in violation of law or contract. Where demand drafts were issued in the name of the company and the dealership arrangement was with the company, a managing director could not be prosecuted under section 406 IPC merely because of his office. In the absence of an express statutory provision creating vicarious criminal liability, a director or officer is not liable for an offence said to have been committed by the company itself. The complaint was held not to disclose an offence against the appellant, and the proceedings were quashed.</description>
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    <pubDate>Fri, 15 Feb 2008 00:00:00 +0530</pubDate>
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      <title>2008 (2) TMI 619 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=112093</link>
      <description>Criminal breach of trust requires entrustment of property and dishonest misappropriation, conversion, use or disposal in violation of law or contract. Where demand drafts were issued in the name of the company and the dealership arrangement was with the company, a managing director could not be prosecuted under section 406 IPC merely because of his office. In the absence of an express statutory provision creating vicarious criminal liability, a director or officer is not liable for an offence said to have been committed by the company itself. The complaint was held not to disclose an offence against the appellant, and the proceedings were quashed.</description>
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      <pubDate>Fri, 15 Feb 2008 00:00:00 +0530</pubDate>
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