VidhiSangh

Supreme Court of India · 31/01/2020

SUSHIL SETHI AND ANOTHER versus THE STATE OF ARUNACHAL PRADESH AND OTHERS

[2020] 1 S.C.R. 582 · 2020 INSC 118

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Summary

The Supreme Court quashed cheating and conspiracy proceedings against a company’s Managing Director and Director arising from allegedly substandard turbines supplied for a power project. The FIR and chargesheet lacked allegations of dishonest intention at inception or specific conduct attracting the appellants’ criminal liability. The company was not accused, and their offices did not create automatic vicarious liability. Proceedings against the other accused were expressly preserved.

Issues

  1. Whether the allegations disclosed cheating from inception or a basis to prosecute the directors personally for the company’s contractual performance.

Held

Result

Appeal allowed; High Court judgment set aside and the impugned FIR and chargesheet quashed only against the two appellants. Proceedings against the other accused to continue according to law.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 582.