420 by company, company not made an accused
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(Querist) 04 November 2017
This query is : Resolved
sirs,
some persons formed a company, got it registered ,using forged documents......and cheated some persons.....in such cases, is it not necessary to array the company also as accused, apart from the directors ?
if the accused person used some other name during business transactions, whether it will become impersonation ?
can he take the defense that its his business name ?
there was an agreement to install solar connection.....failed to install it....returned half amount later......whether 420 is attracted ?
pls give case laws
Ms.Usha Kapoor
(Expert) 05 November 2017
Under company law after lifting the corporate veil those persons who commit fraud and does criminal transactions by appropriating company's property as their own and use it for personal ends will be held liable to account for their criminal activities and realize their personal property through attachment and also sending such officials to prison keeping the company intact as it is a seperate legal entity having a legal personality of its own and directors who indulge in criminal actinvities with their customers woud be prosecurted and punished for their crimina activity after piercing the corporate veil.Company remains a company with its own legal personality or Juristic person.These directors who by fraud and cheating cheated the gullible customers/public impersonating authority behind corporate veil should make good the loss occassioned to the company through their fraudulent and cheating criminal activities so as to avoid loss to the company..
Rajendra K Goyal
(Expert) 05 November 2017
State material facts of the problem if any do not post riddles.
How are you concerned / related with the query?
Dr J C Vashista
(Expert) 05 November 2017
Incomplete information can not lead to form an opinion and advise.
Prima facie case can be made out against the directors as well as the company.
Consult a local lawyer with all relevant details and documents for proper analyses, guidance and proceeding.
Guest
(Expert) 05 November 2017
Agree with Expert Ms Usha Kapoor
Hemant Agarwal
(Expert) 09 November 2017
1. Directors are "authorised representatives" of the Company, by virtue of due authority.
2. Company, despite being a juristic person, by virtue of vacarious liability, has to be made a party alongwith all the in-charge directors, in Criminal cases.
Keep Smiling .... Hemant Agarwal
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