Srabonti Ganguli vs Industrial Development Bank Of India on 6 March, 2014
Relying on the said decision Sri Manna points out that the Hon'ble
Single Bench of this Court was pleased to consider several judgments
of the Hon'ble Apex Court including the judgment in S.M.S.
Pharmaceuticals upon such consideration the Court was pleased to
hold that the issue of vicarious and/or constructive liability qua a
Director of a company is a disputed question of fact and cannot be
taken into consideration in an application under Section 482 of the
CrPc. The Hon'ble Single Bench was therefore pleased to hold that the
constructive and/or vicarious liability qua the Director of a company
can only be considered at the time of trial.