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Supreme Court of India · 2009-03-04

BALLARPUR INDUSTRIES LTD. vs STATE REP.BY DY.SUPDT.OF POLICE,CHENNAI

Citation / case number
SC 2002/11250
Court
Supreme Court of India
Petitioner
BALLARPUR INDUSTRIES LTD.
Respondent
STATE REP.BY DY.SUPDT.OF POLICE,CHENNAI

Judgment text excerpt

The Supreme Court affirmed the High Court's decision to set aside the trial court's order discharging the appellant under Section 420 IPC, establishing that a company can be prosecuted for offenses with mandatory imprisonment, despite not being subject to imprisonment itself. The Court referenced the precedent in Standard Chartered Bank & Ors. Vs. Directorate of Enforcement & Ors., (2005) 4 SCC 530, which clarified that while a company cannot be sentenced to imprisonment, it can still face prosecution and fines. The appeal was dismissed, allowing the appellant to seek a fresh discharge application based on new evidence.

BALLARPUR INDUSTRIES LTD. vs STATE REP.BY DY.SUPDT.OF POLICE,CHENNAI · Niyam