Sanika Deshpande-
Published On: November 1, 2021 at 12:23 IST
The Supreme Court on Friday, October 29th quashed a Criminal Case against a director of the Company.
A Bench of Justices R.S. Reddy and Sanjiv Khanna Held the Order. Stating that vicarious liability is attracted when Offense is committed with the consent, connivance, or is attributable to the neglect on the part of a director, manager, secretary, or other officer of the Company.
The Apex Court stated that “Criminal Law should not be set into motion as a matter of course or without adequate and necessary investigation of facts on mere suspicion, or when the violation of Law is doubtful.
“It is the duty and responsibility of the public officer to proceed responsibly and ascertain the true and correct facts. Execution of Law without appropriate acquaintance with Legal provisions and comprehensive sense of their application may result in an innocent being Prosecuted.”
The Petitioner who is the Director of Writer Safeguard Pvt. Ltd., had earlier entered into an agreement which was titled “Agreement for Servicing and Replenishment of Automated Teller Machines”, with NCR Corporation India Private Ltd.
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