https://www.taxtmi.com/caselaws?id=456221 Section 68 of the Foreign Exchange Regulation Act fastens vicarious criminal liability only on a person who was, at the time of contravention, in charge of and responsible for the company's business. A complaint that merely describes an accused as a director, without a specific averment of such responsibility, is insufficient to found prosecution. The record further showed that the petitioner had ceased to be a director before the export proceeds were required to be realised, so the deeming provision did not apply on the date of the alleged offence. The complaint therefore failed to disclose a prima facie case and discharge was warranted. en-us Thu, 26 Feb 2009 00:00:00 +0530 Mon, 08 Jul 2024 10:03:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456221 Section 68 of the Foreign Exchange Regulation Act fastens vicarious criminal liability only on a person who was, at the time of contravention, in charge of and responsible for the company's business. A complaint that merely describes an accused as a director, without a specific averment of such responsibility, is insufficient to found prosecution. The record further showed that the petitioner had ceased to be a director before the export proceeds were required to be realised, so the deeming provision did not apply on the date of the alleged offence. The complaint therefore failed to disclose a prima facie case and discharge was warranted. Case-Laws FEMA Thu, 26 Feb 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456221