Supreme Court · 2022 INSC 970 · Decided 16 September 2022
S. P. Mani and Mohan Dairy v. DR.SNEHALATHA Elangovan
- Court
- Supreme Court of India
- Citation
- 2022 INSC 970 · [2022] 9 S.C.R. 634
- Case number
- CRIMINAL APPEAL No. 1586/2022
- Decided
- 16 September 2022
- Bench
- SURYA KANT, J.B. PARDIWALA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138, 141
Headnote
Negotiable Instruments Act, 1881 - ss.138 and 141 - Partnership firm - Cheque dishonour case - Vicarious liability of the partners - Held: Burden is on Board of Directors or officers in charge of the affairs of the company /partners of a firm to show that they to be convicted - Existence of any special circumstance that makes them not liable is something that is peculiarly within their knowledge and it is for them to establish at the trial to show that at the relevant time they were not in charge of the affairs of the company or the firm -
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)