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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