Offence u/s 409 of IPC unsustainable as company not a willful defaulter

CH K.S. Prasad @ K.S. Prasad Vs State of Karnataka (Karnataka High Court)

Karnataka High Court held that in absence of any willful default on the part of the company, authorized signatory (vice-president) cannot be hauled into the web of crime for an offence under section 409 of the IPC.

Facts-

The petitioner claims to be an employee of M/s Vasan Healthcare Private Limited from 2012 up to 13-09-2017.

During the said period, he was donned several rolls in the Establishment and was for some time Senior Vice-President, Human Resources and was also authorized to sign certain forms in connection with the business of the Establishment including the forms of Employees Provident Fund.

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