Supreme Court · 2013 INSC 701 · Decided 17 October 2013
A.K. Singhania v. Gujarat State Fertilizer CO. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 701 · [2013] 9 S.C.R. 1069
- Case number
- CRIMINAL APPEAL No. 1692/2013
- Decided
- 17 October 2013
- Bench
- C.K. PRASAD, KURIAN JOSEPH (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 141, 138
Headnote
NEGOTIABLE INSTRUMENTS ACT, 1881: s. 141 rlw s. 138 - Complaint against a company, its Chairman, Managing Directors and Directors - Petitions· by two directors seeking to quash the proceedings against them A B c - Held: In case of offence by company for dishonour of has to be decided with 0 reference to s. 141 -- To bring the Directors within the mischief of s. 138, it shall be necessary to allege that at the relevant time they were in charge of and responsible to the conduct of business of the Company -- It is necessary ingredient to proceed against
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