Is a authorised representative of company is liable for the
Ashok Yadav
(Querist) 22 December 2009
This query is : Resolved
A as authorised representative of his company got a sale deed registered in favour of his company, but the sale consideration was to be paid by the agent/broker of the company (company has entered in a MOU with the agent/broker for that purpose)
after some time a FIR u/s-420,467 was registered against the authorised representative of the company on the pretext that the consideration amount of the land purchased has not been paid to the seller. Name of the company or broker is not mentioned in the FIR.
Now my question is:-
1) is FIR against the A/R of the company is maintanable if he has not done any wrong.
2)was it necassary to mention the name of company as one accused in the FIR.
3)What should the A/R do if he has not done any default.
4)Should he go to high court for Quashing of FIR.
Kindly Reply it with relevent case law.
Raj Kumar Makkad
(Expert) 22 December 2009
1. It depends upon the investigation of police but it is maintainable even without disclosing the name of the accused.
2. No.
3. he should cooperate with investigating officer and should put all reliable evidence in his support before him.
4. If he is entangled then he can approach HC.
Manish Singh
(Expert) 23 December 2009
no FIR can be maintainable under the above stated circumstances against the company or the AR. the matter must be covered only under the recovery suit.
for maintaining the FIR, they ll have to prove some fraudulence on the company's part which seems not tenable.
Ajay Bansal
(Expert) 26 December 2009
Several case law are available far and against you.
