Supreme Court · 2007 INSC 166 · Decided 20 February 2007
S.M.S. Pharmaceuticals LTD. v. Neeta Bhalla and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 166 · [2007] 2 S.C.R. 862
- Case number
- CRIMINAL APPEAL No. 664/2002
- Decided
- 20 February 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138, 141
Headnote
Negotiable Instruments Act, 1881-Sections 138 and 141-Dishonor of 'r cheque-Offence by Company-Liability of Director-Director resigning two c years prior to issuance of cheque by Company-Held: Sufficient averment should be made against the Director in the complaint petition that the Director was being a party to a purported resolution does not show that the Director was actively associated with the management of the affairs of the Company-Only the Managing Director was authorized to do D certain acts on behalf of the Company-Thus statutory requirements under ' section 141 not
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