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Bombay HC Quashes Case Against Chanda Kochhar, Allows Prosecution of ICICI Bank to Proceed

Justice Neela Gokhale said the PMC complaint failed to attribute incriminating acts to the executives, clarifying Section 398’s elements of importation, non-payment, and intent to defraud.

Overview

  • The High Court on December 11 set aside the 2009 summons and criminal proceedings against Chanda Kochhar and four ICICI officials for lack of specific averments.
  • Proceedings against ICICI Bank remain before the Pune magistrate, with all questions on the institution’s liability kept open.
  • The court reiterated that company officers can be prosecuted only when the complaint pleads a concrete, incriminating role, rejecting vicarious liability based solely on designation.
  • PMC’s 2009 complaint alleges ICICI brought gold bullion and coins into Pune between 2006 and 2009 without paying octroi and pegs unpaid dues at Rs 1.27 crore.
  • The quashing relates to procedural insufficiency rather than merits, and the order identifies the individuals named earlier as Nachiket Mor, Vasudeo Kulkarni, and Asavari Patankar besides Kochhar.