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Criminal · Reportable judgment

National Housing Bank vs Bherudan Dugar Housing Finance Ltd. & Ors. Etc.

Court
Supreme Court of India
Date
1 August 2024
Case No.
Criminal Appeal No. 3176-3177 of 2024
Result
Partly allowed
Bench
Abhay S. Oka, Augustine George Masih
Citation
[2024] 8 S.C.R. 1 : 2024 INSC 566
Acts & Sections
CrPC National Housing Bank Act, 1987 Negotiable Instruments Act, 1881
Supreme Court Reports [2024] 8 S.C.R. 1 : 2024 INSC 566
Issue for consideration
On a complaint filed u/s. 200 CrPC, wherein the Magistrate took cognizance of the complaint for the offence u/s. 29A (i) read with s. 50 and punishable u/s. 49 (2A) of the 1987 Act against the first respondent-company, second accused-Managing director and other five accused as directors, whether the High Court was justified in quashing the complaint in its entirety, holding that the requirements of sub-Section (1) of s. 50 of the 1987 Act are similar to the requirements incorporated in s. 141 of the Negotiable Instruments Act, 1881, which were not complied with by the complainant.
Headnote

National Housing Bank Act, 1987 – ss. 29A rw s. 50 – Offence by companies – Vicarious liability of the Directors – Averment in the complaint, if essential requirement – Magistrate taking cognizance of the complaint for the offence u/s. 29A

(i) rw s. 50 and punishable u/s. 49 (2A) against the first accused-company, second accused-Managing director and other five accused as directors – High Court quashed the complaint in its entirety – Justification:

Held: Unless assertions, as required by sub-section (1) of s. 50, are made, vicarious liability of the Directors of the first accused company not attracted – No assertions made that the second to seventh accused, at the time of the commission of the offence, were in charge of, and responsible to the first accused company for the conduct of its business – In the absence of the averments, the trial court could not have taken cognizance of the offence against the third to seventh accused, who are allegedly the directors of the first accused company – However, the second accused being the Managing Director, would be in charge of the company and responsible to the company for its business, thus, no justification for quashing the complaint against the second accused – First respondent is a company – No reasons have been assigned to quash the complaint against the first accused – Impugned order is modified – Complaint quashed as against the third to seventh accused, however, the complaint to proceed against the first and second accused. [Paras 6, 8, 9]

Keywords: Offence by companies · Vicarious liability of the Directors · Averment in the complaint · Quashing of the complaint

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Abhay S. Oka, J. FACTS 1. The appellant filed a complaint under Section 200 of the Code of Criminal Procedure, 1973, alleging the commission of an offence of violating the provisions in Section 29A of the National Housing Bank Act, 1987 (for short, the ‘1987 Act’). The learned Magistrate took cognizance of the complaint for the offence under Section 29A (i) read with Section 50 and punishable under Section 49(2A) of the 1987 Act. Section 49(2A) provides for a minimum sentence of one year, which may extend to five years. For convenience, we will refer to the parties as per their sta
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