2013 (8) TMI 1159

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....ts : Sri B. Raja Subramanya Bhat, High Court Government Pleader. ORDER K.N. Keshavanarayana, J. 1. As these two petitions relate to one and the same case registered in C.C. No. 825 of 2012 on the file of Additional MMTC-IV, Bangalore, they were heard together and are being disposed of by this common order. Though these petitions are listed today for admission, with the consent of both the parti....

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....ices Private Limited. 3. The point of law raised in these petitions is whether the prosecution launched against the petitioners for the aforesaid offence as Directors and authorised signatories of the Company without the Company having been arrayed as accused is tenable. 4. Section 25 of the Act deals with the Offences by Company and it reads as under: 25. Offences by companies. -- (1) If the ....

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....or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such Director, Manager, Managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 5. Thus from reading of the aforesaid section, it is clear ....

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....ny, there should be specific averments in the complaint to the effect that such person/s was/is incharge of and being responsible for conduct of business of the Company and in the absence of such specific averment, the functionaries of the Company cannot be prosecuted. It is further held in the said decision that commission of offence by the company is an express condition precedent to attract the....