Directors liable for cheating

vijays (Querist) 28 November 2012 This query is : Resolved
if some of all directors are maimly concerned with day to day day business of co.then all directors or only those directors or only co. liable for cheating offence?why?

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R.K Nanda (Expert) 28 November 2012
state full facts.

Devajyoti Barman (Expert) 28 November 2012
As far as 138 case is concerned only the director who is active in day to day activities of the company is liable.
However in criminal jurisprudence there is no such provision to waive the initial liability and culpability of the Director who is not so active.
In the infamous AMRI Case at Kolkata where more than 100 patients were charred to death, every Director including the person who did not attend the Board meeting for lat couple of years were sent to remand for more 4 motnhs.