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Mannalal Chamaria v. State of West Bengal

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 213 of 2006)Decided 25 Mar 2014
Criminal Appeal No. 213 of 2006
Justice Ranjana Prakash Desai · Justice Madan B. Lokur

Background

An investor prosecuted a company and its chairman after three cheques connected with a land-investment scheme were dishonoured. After the chairman died, other alleged directors were added as accused, although the complaints did not explain their responsibility for running the company when the offence occurred.

Decision Breakdown

The Court allowed the appeals and set aside the High Court's refusal to intervene, holding that the complaints against these appellants deserved dismissal. A complaint must allege, in substance, that the accused person was in charge of and responsible for the company's business at the relevant time. Merely reciting the statutory rule about company liability did not make that allegation against the particular directors. No fixed wording was essential, but the necessary factual accusation was entirely absent here.

Lesson Learnt

Naming someone as a company director does not automatically make them criminally liable for its bounced cheque; the complaint must identify their relevant responsibility.

Official source (sci.gov.in)View Judgment (PDF)

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