VISHAL SHARMA DIKSHITA CHOMAL vs State of West Bengal — CRR /1881/2020

Case under Code of Criminal Procedure ,1973 Section 482. Disposed: Contested--ALLOWED on 23rd March 2026.

CNR: WBCHCA1113972020

CASE DISPOSED

Next Hearing

23rd December 2020

Filing Number

CRR /100569/2020

Filing Date

22-12-2020

Registration No

CRR /1881/2020

Registration Date

22-12-2020

Judge

HON'BLE JUSTICE AJAY KUMAR GUPTA

Coram

HON'BLE JUSTICE AJAY KUMAR GUPTA

Bench Type

Single Bench

Category

GROUP C (CRIMINAL MATTERS) ( 3 )

Sub-Category

Quashing of Proceedings ( 75 )

Judicial Branch

CRIMINAL SECTION

Decision Date

23rd March 2026

Nature of Disposal

Contested--ALLOWED

Acts & Sections

Code of Criminal Procedure ,1973 Section 482

Petitioner(s)

VISHAL SHARMA DIKSHITA CHOMAL

Respondent(s)

State of West Bengal

Hearing History

Judge: HON'BLE JUSTICE AJAY KUMAR GUPTA

23-12-2020

MOTION

27-01-2026

PART HEARD MATTERS

22-01-2026

PART HEARD MATTERS

21-01-2026

PART HEARD MATTERS

20-01-2026

PART HEARD MATTERS

Orders

23-03-2026
HON'BLE JUSTICE AJAY KUMAR GUPTA

Summary The Calcutta High Court quashed criminal proceedings against a statutory auditor (Vishal Sharma) in two complaint cases for alleged violations of Section 448 of the Companies Act, 2013. The court found that the complaints lacked specific allegations demonstrating the auditor's active role and criminal intent, containing only vague and general allegations about non-disclosure of Specified Bank Notes and related party transactions. Since criminal liability cannot be fastened without specific allegations establishing essential ingredients of the offense and requisite mens rea, and because similar proceedings against the company's directors had already been quashed, the court determined continuing prosecution would constitute abuse of process. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary The Calcutta High Court quashed criminal proceedings against a statutory auditor (Vishal Sharma) in two complaint cases for alleged violations of Section 448 of the Companies Act, 2013. The court found that the complaints lacked specific allegations demonstrating the auditor's active role and criminal intent, containing only vague and general allegations about non-disclosure of Specified Bank Notes and related party transactions. Since criminal liability cannot be fastened without specific allegations establishing essential ingredients of the offense and requisite mens rea, and because similar proceedings against the company's directors had already been quashed, the court determined continuing prosecution would constitute abuse of process. This case analysis is maintained by casestatus.in based on publicly available court records.

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