https://www.taxtmi.com/caselaws?id=200409 A company cannot be prosecuted for an offence under the Penal Code where the offence, by its nature and prescribed punishment, is confined to natural persons or necessarily requires imprisonment. Applying that principle, the court held that cheating under Section 420 could not be sustained against the company because imprisonment is mandatory. The alternative allegations of criminal breach of trust and criminal misappropriation also failed because the complaint did not plead authorisation by the managing director or board, and the shareholder's acts and state of mind could not be attributed to the company on the pleaded facts. The charge against the company was quashed. en-us Thu, 26 Sep 1963 00:00:00 +0530 Tue, 27 Mar 2018 18:51:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200409 A company cannot be prosecuted for an offence under the Penal Code where the offence, by its nature and prescribed punishment, is confined to natural persons or necessarily requires imprisonment. Applying that principle, the court held that cheating under Section 420 could not be sustained against the company because imprisonment is mandatory. The alternative allegations of criminal breach of trust and criminal misappropriation also failed because the complaint did not plead authorisation by the managing director or board, and the shareholder's acts and state of mind could not be attributed to the company on the pleaded facts. The charge against the company was quashed. Case-Laws Indian Laws Thu, 26 Sep 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200409