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GOUTAM ROY (not applicable)     06 November 2012

How to proceed on fir

DEAR EXPARTS,

I WANT TO FILE A CRIMINAL COMPLAINT AGAINST A BANK AUTHORITY.SHOULD IT BE IN HIS PERSONAL NAME OR HIS CHAIR CAPACITY? THE DOCUMETS ON WHICH I WANT TO BASE THE COMPLAINT IS SIGNED

ON AUTHORITIES CHAIR CAPACITY!PLEASE EXPLAIN BOTH THE SITUATION.

THANKS!



Learning

 3 Replies

Parthiv Pathak (Executive)     06 November 2012

You have to file complaint in the name of Bank itself as a person works for a Bank which is alegal entity or a legal person. I.e. a legal person (Bank) who can sue and be sued. You simply have to make it defendent while filing complaint.

1 Like

Suhail Malik (Standing Counsel Supreme Court )     06 November 2012

@Mr. Roy- A criminal complaint against a corporation or its employees is usally maintenable against the corporation only. However, you can also name an employee of the coporation as a co-accused if there is prima facie material to show on record that establishes criminal culpability of the employee in addition to the culpability of the corporation. For

example: If 'A' an employee of 'B' in his officiating capacity induces 'C' to deliver money to  'B' and that money is misappropriated by 'B' for its own use. Here only 'B' will be liable for breach of trust as the money has been misappropriated by 'B' and not 'A'. A was acting in his official capacity hence not liable for any criminal action. However, to facilitate the said transaction if 'A' in connivance with 'B', commits forgery then A & B both can be charged for breach of trust and forgery.   

Conclusion: there is no concept of deemed liablity of a director of a company in the Indian Penal Code offences. However there is no defence either if an employee goes beyond the mandate of his duty.

1 Like

GOUTAM ROY (not applicable)     06 November 2012

thanks to both pathakji & maliksahab.


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