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Criminal Charges Against Dissolved Company Quashed; Proceedings May Target Responsible Individuals Instead.
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....Continuation of criminal proceedings as against company no longer in existence/ dissolved/ amalgamated - Protection u/s 32 of IBC - The High Court held that, A2 has already died and therefore, the charge abates insofar as A2 is concerned. Company has been taken over by a new management and the criminal liability cannot be passed on to the new management. Accordingly, the proceedings as against A1 company in all these complaints stands quashed. - It is left open to the respondent to identify the persons who were in-charge of running the company and were involved in the day today affairs of the company during the relevant point of time and it will be left open to the respondent to continue the criminal prosecution as against those officers.....