Gurmeet Singh (abc) 24 October 2013

Opinion/suggestion needed

There is a case under sec 420, 406 against directors of a private limited co. Firstly police arrested one director and kept case pending u/s 173(8) against other director. The director who got arrested 1st was acquitted by the trial court and police arrested other director after around 3.5 months after the acquittal of 1st director. I just want to know if one director is acquitted the other director is also considered acquitted because case against a director means a case against the company itself and as per sec 300 on entity or person cannot be tried for twice for same offence. Kindly suggest me what to do because the other director is still under judicial custody for almost a year and bail is rejected twice by trial n session court and it is pending in Jaipur high court. Kindly suggest some quick remedy for it.

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Kolla V. Raman (Founder Chairman of Global Lgal Services) 24 October 2013

Under companies Act, 1956 section 5 officer in charge is important. In the absence of appointment of officer in charge either M.D. or Chairman, any one of the Directors as office in charge all the Directors are liable to be prosecuted. One Director is prosecuted under Section 406, 420 I.P.C. and after acquitted another Director has been prosecuted you file quash proceedings under Section 480 Cr.P.C. stating law Section 3 of the Companies Act, 1956, Article 20 (2) of the Constitution of India will help you and you also mention that first Director was arrested prosecuted acquitted . contact Global Legal Services, Mobile: 9290673693, Email: globallegalservicesindia@gmail.com