Litigation & Dispute Resolution

Criminal Defence in Corporate Matters

Defence representation for directors, officers, and companies in PMLA proceedings, Companies Act prosecutions, Section 138 NI Act cheque dishonour cases, and regulatory criminal action.

Overview

The criminalisation of corporate conduct in India has accelerated materially over the last decade — the Prevention of Money Laundering Act 2002, as amended, the Companies Act 2013's prosecution provisions, the Foreign Exchange Management Act 1999, and the Income Tax Act 1961 all carry criminal consequences that can attach personal liability to directors and key managerial personnel. A director facing an Enforcement Directorate summons, a company prosecuted under Section 447 of the Companies Act 2013 for fraud, or a promoter dealing with cheque dishonour proceedings under Section 138 of the Negotiable Instruments Act 1881 faces not just financial exposure but reputational and personal freedom risk. Corpus Juris Legal's criminal corporate defence practice handles the full spectrum — from the first ED summons or FIR registration through trial, bail applications, anticipatory bail, and appeals before the Sessions Court, High Court, and Supreme Court. We work alongside our corporate advisory team to ensure that criminal proceedings do not inadvertently prejudice parallel civil or regulatory matters.

Key Service Components

◆PMLA defence — ECIR response, ED summons, attachment challenges
◆Anticipatory bail and regular bail applications in corporate matters
◆Companies Act 2013 prosecution defence — Section 447 fraud, Section 448 false statement
◆Section 138 NI Act cheque dishonour — both complainant and accused representation
◆FEMA compounding and criminal prosecution defence
◆Income Tax prosecution defence and compounding advisory
◆FIR quashing petitions before Delhi High Court
◆Arrest prevention advisory and pre-arrest strategy
◆Criminal appeal and revision before Sessions Court and High Court
◆Corporate internal investigation support for criminal exposure mapping

Why This Matters for Your Business

Criminal proceedings against a director or officer do not stay in a courtroom — they appear in due diligence reports, freeze fundraising conversations, and trigger director resignation obligations. Early, expert intervention is almost always less costly than defending a matter that has been allowed to escalate.

Our Approach

We assess the criminal exposure map first — across PMLA, Companies Act, FEMA, and tax statutes — before advising on any response to enforcement action. Statements made early in an investigation can define the entire trajectory of proceedings. We ensure clients engage with enforcement agencies in a manner that preserves their legal position at every stage.