https://www.taxtmi.com/caselaws?id=458503 Criminal liability of a company director under the deeming provision for offences by companies requires material showing that the person was in charge of and responsible for the company's business when the offence was committed. Where certified records showed that the accused had ceased to be a director before the alleged default, and the complainant itself admitted the resignation, the factual foundation for prosecuting that person as a responsible director was absent. On that undisputed record, the Delhi HC treated continuation of the complaint as an abuse of process and held that the proceedings could be quashed in exercise of inherent jurisdiction without a trial. en-us Mon, 29 Sep 2008 00:00:00 +0530 Mon, 04 Nov 2024 17:55:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458503 Criminal liability of a company director under the deeming provision for offences by companies requires material showing that the person was in charge of and responsible for the company's business when the offence was committed. Where certified records showed that the accused had ceased to be a director before the alleged default, and the complainant itself admitted the resignation, the factual foundation for prosecuting that person as a responsible director was absent. On that undisputed record, the Delhi HC treated continuation of the complaint as an abuse of process and held that the proceedings could be quashed in exercise of inherent jurisdiction without a trial. Case-Laws SEBI Mon, 29 Sep 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458503