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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)