Supreme Court · 2010 INSC 356 · Decided 6 July 2010
Central Bank of India v. M/S. Asian Global LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 356 · [2010] 7 S.C.R. 694
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 5093/2008
- Decided
- 6 July 2010
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 245(2), 482; NI Act Section 120, 141
Headnote
Negotiable Instruments Act, 1881: c ss. 138, 139 and 141 - Prosecution of companies and their Directors - Vicarious liability of Directors - HELD: Unless a specific averment has been made in the complaint that when the offence was committed, the person accused was in charge of and of business of 0 the company, the requirements of s. 141 would not be satisfied -· Merely being a Director would not make a person vicariously liable - For launching prosecution uls 138 rlw s.141 against Directors of a company, there has to be a specific allegation in the complaint as
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