Supreme Court · 2010 INSC 98 · Decided 15 February 2010

National Small Industries CORP. LTD. v. Harmeet Singh Paintal and ANR.

Court
Supreme Court of India
Citation
2010 INSC 98 · [2010] 2 S.C.R. 805
Case number
CRIMINAL APPEAL No. 320/2010
Decided
15 February 2010
Bench
P. SATHASIVAM, H.L. DATTU (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
NI Act Section 138, 141; Companies Act Section 291

Headnote

A B Negotiable Instruments Act, 1881: ss.138, 141 - Vicarious liability of Directors of a Company - Held: Director C of a Company who is not in-charge of and is not responsible for the conduct of the business of the company would not be liable for a criminal offence under s.138 - s.141 is creating vicarious liability, and must be strictly construed - Complaint under s. 138 must spell out as to how D and in what manner the accused-director was in-charge of or was responsible to the accused company for the conduct of its business - If averments made against accused-Directors are

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