Bombay HC quashes proceedings against employee; Director cannot file complaint without Board approval

The Bombay High Court, in a judgment by Justice Milind N. Jadhav, quashed criminal proceedings against an employee, holding that a Director or Vice-President cannot institute a complaint on behalf of a company without proper Board authorisation. The court found that the complaint itself lacked authorisation and disclosed no prima facie case against the applicant. Consequently, the FIR and related proceedings were quashed insofar as the employee was concerned.

The case originated from an FIR filed in 2008 alleging copyright infringement and misuse of source codes. The applicant worked as design manager at Enthuse Technologies Pvt. Ltd. from 2008 to 2009. A company alleged that its source codes had been reproduced and used without permission, resulting in claimed losses of approximately ₹50 crores. The applicant contended he was merely an employee following employer instructions with no specific attributed role. The court found insufficient material against him.