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As per case facts, the petitioner, a director of Marco Polo Restaurant Private limited, sought to quash criminal proceedings initiated by the Deputy Registrar of Companies for alleged contraventions of
...Sections 129/448 of the Companies Act, 2013, concerning non-disclosure of specified bank notes and related party transactions in financial statements. The petitioner argued the complaint was not maintainable, time-barred, and lacked the company as a primary accused. The question arose whether the prosecution against a director for corporate offenses is sustainable without the company being arrayed as an accused, and if the complaint itself was validly filed and within limitation. Finally, the Court found the complaint maintainable by the Deputy Registrar and not time-barred. However, it held that no vicarious liability can be imposed on directors in criminal proceedings unless the company is an accused, noting a fundamental defect of non-joinder. The allegations were vague and general, thus continuing the proceedings against the petitioner would be an abuse of the process of law. Therefore, the proceedings against the petitioner were quashed.
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