Dear All,
One of our Directors was prosecuted under the Payment of Bonus Act by filing a criminal case against him for non payment of Bonus to the employees for the year 2011.
The matter is pending in the court and the plea of our director has not been recorded. Our director is likely to retire by this month end.
I would like to know that whether criminal liability can still be fastened against the Director after retirement. If a new Director is appointed and he steps into the shoes of the old Director can the criminal case be transferred to the new Director.
Since company is a legal entitiry having perpetual succession I have been told that once the director retires and a new director is appointed in his place then on assuming the charge the new director steps into the shoes of the old director and criminal case pending against the old director gets automatically transferred in the name of the new Director.
Kindly advise or cite any citation on the same.
Regards
Jay Kumtekar
