Supreme Court · 2022 INSC 1212 · Decided 17 November 2022
Pawan Kumar Goel v. State of U. P. & Another
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1212 · [2022] 10 S.C.R. 102
- Case number
- CRIMINAL APPEAL No. 1999/2022
- Decided
- 17 November 2022
- Bench
- KRISHNA MURARI, BELA M. TRIVEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 142
Headnote
Negotiable Instrument Act, 1881 - ss. 138, 141, 142 - Whether a director of a company would be liable for prosecution u/s. 138 of NI Act without the company being arraigned as an accused - Held: If the complainant fails to make specific averments against the company in commission of an offence u/s. 138 of NI Act, the same cannot be rectified by taking recourse to general principles of criminal jurisprudence - The provisions of s.141 impose vicarious liability by deeming fiction which pre-supposes and requires the commission of the offence by the company
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