Supreme Court · 2011 INSC 111 · Decided 8 February 2011
Harshendra Kumar D. v. Rebatilata Koley ETC.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 111 · [2011] 2 S.C.R. 670
- Case number
- CRIMINAL APPEAL No. 360/2011
- Decided
- 8 February 2011
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 397, 401; NI Act Section 138, 141(1), 141; Companies Act Section 303
Headnote
NEGOTIABLE INSTRUMENTS ACT, 1881: C ss. 138 and 141(1) -Vicarious liability of Director of a company -Complaints against a Company for dishonour of cheques -Metropolitan Magistrate directing summons to issue to accused -Revision petitions by one of the Directors contending that he had resigned as issuance of the cheques l:Jy it-Held :The words "every person who, at the time of the offence was committedn, occurring in s.141 ·are not without significance, and indicate that criminal liability of a Director must be determined on the date the offence is alleged to have been
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