Notifications
Clear all

Can I File a Criminal Complaint Against a Company and Its Directors in Bangalore?

2 Posts
2 Users
0 Reactions
13 Views
Posts: 1
Topic starter
(@jagrati joshi)
Joined: 2 weeks ago
[#3898]

A company has cheated me of a large sum through a fraudulent scheme. Can I file a criminal complaint naming both the company as an entity and its individual directors and officers as accused and how does criminal liability attach to corporate directors under Indian law in Bangalore?


1 Reply
Posts: 2689
(@advocate-mudit-pratap)
Member
Joined: 3 months ago

If a company has cheated you, bounced a cheque, or violated a statutory obligation and you're in Bangalore, you can file a criminal complaint against the company and, in appropriate circumstances, against its directors personally. Indian law recognises a company as a "person" under the Bharatiya Nyaya Sanhita, meaning it can be prosecuted for offences like cheating, criminal breach of trust, or forgery just like an individual. Filing a criminal complaint against a company in Bangalore typically starts with lodging an FIR at the local police station or approaching the Magistrate directly with a private complaint under the relevant BNSS provisions.

Where directors come in depends on the specific offence and their role in the company's affairs. For cheque bounce cases under Section 138 of the Negotiable Instruments Act, Section 141 makes every person who was in charge of and responsible for the conduct of the company's business at the relevant time liable, along with the company itself. For general offences like cheating or criminal breach of trust, however, courts require you to show specific individual involvement or knowledge on the part of a director, since merely holding the post of director is not automatically enough to attract criminal liability.

This distinction matters a great deal in how your complaint is drafted. A poorly drafted complaint naming directors without specifying their individual role can get quashed at the threshold under Section 528 BNSS (formerly Section 482 CrPC) by the Karnataka High Court, wasting your time and money. It's worth getting your complaint vetted before filing; consulting Aapka Legal Advice at the drafting stage can help ensure your complaint names the right parties with the right specificity.

If you are dealing with corporate fraud, cheque bounce, or breach of contract that has crossed into criminal territory, don't delay filing, as limitation periods apply. Speak with experienced criminal lawyers in Bangalore who handle company-related criminal complaints regularly.


Reply
Share: