Nikki joined a retail store run by Jain Daily Needs Ltd. as Manager. After some time she manipulated the accounts of the branch and thus made illegal money amounting to ₹ 15 lakh. The fraud was unearthed during the regul
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2023
Nikki joined a retail store run by Jain Daily Needs Ltd. as Manager. After some time she manipulated the accounts of the branch and thus made illegal money amounting to ₹ 15 lakh. The fraud was unearthed during the regular inspection of accounts and stock check. The Area Manager complained to the Corporate Office of the company and Nikki was put under suspension by the competent authority. What penal action can be taken against Nikki under the provisions of the Companies Act, 2013? What would be your answer, if the fraud amount is ₹ 5 lakh only?
Answer & Explanation:
The penal action against Nikki will be determined by Section 447 of the Companies Act, 2013 , which deals with punishment for fraud. The severity of the punishment depends on the amount involved in the fraud. Case 1: Where the amount involved is at least ₹ 10 Lakhs According to Section 447 of the Companies Act, 2013 , without prejudice to any liability including repayment of any debt under this Act or any other law, any person who is found to be guilty of fraud involving an amount of at least ₹ 10 lakh or one per cent. of the turnover of the company, whichever is lower , shall be punishable with: Imprisonment: For a term which shall not be less than six months but which may extend to ten years. Fine: Shall not be less than the amount involved in the fraud, but which may extend to three times the amount involved in the fraud. Proviso 1: Where the fraud in question involves public interest, the term of imprisonment shall not be less than three years. In the given situation, the fraud amount is ₹ 15 lakh , which exceeds ₹ 10 lakh. Therefore, Nikki can be punishable with: Imprisonment for a term not less than six months but which may extend to ten years. Fine not less than ₹ 15 lakh but which may extend to three times the amount involved in the fraud, i.e., ₹ 45 lakh . Case 2: Where the amount involved is less than ₹ 10 Lakhs Proviso 2 of Section 447 of the Act provides that where the fraud involves an amount less than ₹ 10 lakh or one per cent. of the turnover of the company, whichever is lower , and does not involve public interest, any person guilty of such fraud shall be punishable with: Imprisonment: For a term which may extend to five years. Fine: Which may extend to fifty lakh rupees, or with both. If the fraud amount is ₹ 5 lakh (and assuming it does not involve public interest and is less than 1% of turnover), Nikki can be punishable with: Imprisonment for a term which may extend to five years. Fine which may extend to ₹ 50 lakh , or with both.
Topics: Offences and Penalties
Related Questions in this Topic
- What are the penalties/punishments for the following ? Punishment for repeated default under Companies Act, 2013.
- Richa was appointed as a senior level officer in a company. Before joining the company, she did not do any due diligence...
- Differentiate between Punishment for False Statement and Punishment for False Evidence under the Companies Act, 2013.
- Mr. P who was a Managing Director of XYZ Ltd, was terminated from the position of Managing Director by virtue of an orde...
- Amit Sinha, commonly known as Sethji, has been accused of certain offenses under the SEBI Act, 1992. SEBI directed him t...