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    <title>1992 (7) TMI 353 - CALCUTTA HIGH COURT</title>
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    <description>Criminal prosecution under the Foreign Exchange Regulation Act was not liable to be quashed merely because the departmental penalty had been set aside. The appellate authority had cancelled the penalty for want of a finding that the petitioner-director was in charge of, or responsible for, the company&#039;s business, or had consented to or connived in the contravention; mere directorship was insufficient to attract liability under Section 68. However, the complaint expressly alleged that the directors were responsible for the conduct of the company&#039;s business, which was enough to raise an issue for trial. As no conclusive factual finding rendered the prosecution untenable, quashing was refused.</description>
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    <pubDate>Fri, 24 Jul 1992 00:00:00 +0530</pubDate>
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      <title>1992 (7) TMI 353 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=305565</link>
      <description>Criminal prosecution under the Foreign Exchange Regulation Act was not liable to be quashed merely because the departmental penalty had been set aside. The appellate authority had cancelled the penalty for want of a finding that the petitioner-director was in charge of, or responsible for, the company&#039;s business, or had consented to or connived in the contravention; mere directorship was insufficient to attract liability under Section 68. However, the complaint expressly alleged that the directors were responsible for the conduct of the company&#039;s business, which was enough to raise an issue for trial. As no conclusive factual finding rendered the prosecution untenable, quashing was refused.</description>
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