TMI Blog2017 (5) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... er has resigned from the company much prior to even date on which the complainant contacted the existing Directors of the company for the purpose of transaction and thereafter, in series of transactions, the goods were sent by relying upon representation made by other accused persons and this would not attribute any role to the petitioner. The resignation which is there on record is a document which is evidence sufficient to come to conclusion that the relation between the petitioner and Shivami Enterprise has thus ended. Over and above, the communication to the Sales Tax authorities to discontinue his name from VAT / TIN numbers is also indicative of the fact that intention of the petitioner was to once and for all terminate any relation w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eged that o 12.11.2011, Mr.Yogeshbhai Suvariya gave a huge order for purchase of TMT steel and assured that gradually, payment by cheque for the goods would be sent. On such assurance, goods around 300 tons was sent to Shivami Enterprise, details of which are mentioned in the FIR itself. It is alleged that a huge amount was due from the accused persons towards the goods supplied. However, as and when any demand was made, the accused persons kept on promising to make good the payment towards the goods supplied. 2.2 It is on such allegations, the complaint came to be filed wherein allegations so far as the petitioner is concerned are made to the extent that certain official numbers like TIN number, sales tax number, etc. of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r.Yogesh Suvariya which was executed in the month of April 2009, which is indicative of the fact that the petitioner is now no more concerned with administration and functioning of Shivami Enterprise. 4.3 He submitted that in absence of any allegations to attract ingredients of the offences under Sections 406 and 420, the petitioner cannot be involved in the offence as the concept of vicarious liability is unknown to criminal jurisprudence. For that purpose, he relied upon judgment of the Apex Court in the matter of Sunil Bharti Mittal Vs. Central Bureau of Investigation , reported in (2015) 4 SCC, 609 . He submitted that therefore, the FIR deserves to be quashed. 5. Learned Advocate for respondent No.2 complainant took this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the FIR would also indicate that all the allegations in FIR, insofar as representing or inducing the complainant are concerned, are directed against other accused persons, where no role of the petitioner is coming out. 8. It has also come on record that the petitioner has resigned from the company much prior to even date on which the complainant contacted the existing Directors of the company for the purpose of transaction and thereafter, in series of transactions, the goods were sent by relying upon representation made by other accused persons and this would not attribute any role to the petitioner. The resignation which is there on record is a document which is evidence sufficient to come to conclusion that the relation between the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , chairman etc. If such a company commits an offence involving mens rea, it would normally be the intent and action of that individual who would act on behalf of the company. It would be more so, when the criminal act is that of conspiracy. However, at the same time, it is the cardinal principle of criminal jurisprudence that there is no vicarious liability unless the statute specifically provides so. 43. Thus, an individual who has perpetrated the commission of an offence on behalf of a company can be made accused, along with the company, if there is sufficient evidence of his active role coupled with criminal intent. Second situation in which he can be implicated is in those cases where the statutory regime itself attracts the doctrine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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