Supreme Court · 2005 INSC 432 · Decided 20 September 2005
S.M.S. Pharmaceuticals LTD v. Neeta Bhalla and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 432 · [2005] SUPP. 3 S.C.R. 371
- Case number
- CRIMINAL APPEAL No. 664/2002
- Decided
- 20 September 2005
- Bench
- Y.K. SABHARWAL, ARUN KUMAR, B.N. SRIKRISHNA (3-judge bench)
- Outcome
- Reference answered
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 141
Headnote
Negotiable Instruments Act, 1881-Sections 138 and 141-Dishonour of cheques-Offences by companies-Prosecution against officers who were A B in charge of and responsible for conduct of business-Reference to Larger C Bench-Whether specific averments are necessary in a complaint against a person of the company-Whether a Director of a company can be deemed to be held liable-Whether a signatory of a cheque and/or Managing Director of the Company can be deemed to be held liable-Held, specific averments against a person are necessary in a complaint-Director of a company cannot D be
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