Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Criminal Prosecution Against Appellant Quashed Due to Res Judicata and Procedural Irregularities Under Section 420 IPC

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....SC held that the criminal prosecution against the appellant is unsustainable on multiple legal grounds. The proceedings were barred by res judicata as the underlying issues were conclusively determined in prior Negotiable Instruments Act proceedings. The court emphasized that Tyagi cannot maintain a prosecution based on allegations previously used as his own defense. Furthermore, the prosecution without arraigning the company was deemed impermissible, violating established principles of vicarious liability. The court reaffirmed that managerial position alone cannot justify criminal prosecution without specific allegations of direct involvement. Consequently, the SC allowed the appeal and quashed the criminal proceedings under Section 420 IPC, setting aside the summoning order for lack of judicial application of mind.....