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Pooja Ravinder Devidasani v. State of Maharashtra

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 2604-2610 of 2014)Decided 17 Dec 2014
Criminal Appeal Nos. 2604-2610 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice N.V. Ramana

Background

A finance company prosecuted a former non-executive director along with others for cheques issued by the borrowing company in 2008. She had resigned in December 2005, and public company records documented the change in directors. The High Court refused to quash proceedings against her, while the complainant also relied on an earlier personal guarantee.

Decision Breakdown

The Supreme Court allowed the appeals and quashed the criminal proceedings against this appellant. Directorship alone did not create criminal liability: responsibility for the company's business at the relevant time, or another statutory basis, had to be established. The resignation records and accepted circumstances showed that she had left well before the cheques were issued and had not signed them. General complaint allegations could not justify keeping her in the prosecution despite those facts. An earlier guarantee might support a separate civil claim, but did not make her criminally liable for these later dishonoured company cheques.

Lesson Learnt

A director's criminal liability for company cheques depends on their legally relevant role at the time of the offence. Documented resignation can be decisive, while a civil guarantee is a separate obligation and does not itself supply that criminal responsibility.

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

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