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2019 (5) TMI 1871 - HC - Indian LawsForging of facts for availment of certain machineries on hypothecation - specific allegation or role ascribed against present applicant or not - applicant herein was independent Director, was involved in the offence or not - HELD THAT:- The Indian Penal Code does not contemplate vicarious liability on the part of a party, who is not charged directly for commission of an offence. In the present case, the applicant herein was a non-executive/independent director of the company. He had no decision making powers and was not concerned with the day-to-day working of the said company. He was not directly involved in the loan transaction with the complainant-Corporation. Therefore, the complaint in question is required to be quashed and set aside so far as present applicant is concerned. Considering the fact that the complaint is of 1998, the trial Court may decide the case as expeditiously as possible and preferably within a period of six months from today so far as other accused persons are concerned - application allowed.
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