Supreme Court · 2016 INSC 298 · Decided 6 April 2016

Standard Chartered Bank v. State of Maharashtra and Others ETC.

Court
Supreme Court of India
Citation
2016 INSC 298 · [2016] 4 S.C.R. 288
Case number
CRIMINAL APPEAL No. 271/2016
Decided
6 April 2016
Bench
DIPAK MISRA, SHIVA KIRTI SINGH (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 - Complaint under - Against a company and its executive Director and Directors - Summons issued - Quashed by High Court in exercise of its power u/s 482 Cr.P.C. - Held: s.141 creates a constructive liability on the conduct of the business of the accused-Company - In the present case, in view of the assertion in the complaint that the appellants-accused were in­ charge of day to day affairs of the Company, the summons issued were wrongly set aside by High Court - Magistrate directed to proceed with the

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