Supreme Court of India
N.K. Wahi v. Shekhar Singh and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
6 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above discussion, our answers to the questions posed in the reference are as under: (a) It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company.
Judgment, page 6
From the headnote
Negotiable Instruments Act, 1881-ss. 138 and 141-Dishonour of cheque-Issued by a Company- Complaint-Against the company and also its Directors-No specific allegation against the Directors-Quashing of proceedings by High Court-On appeal, held:. Proceedings rightly quashed- To launch prosecution against the Directors, there must be specific allegation against them- Merely being Director of a Company would not attract applicability of s. 141-Code of Criminal Procedure, 1973-s. 482. Appellant filed a complaint under Sections 138 and 141 of Negotiable Instruments Act, 1881 against a Company and
Where later benches applied it
- 2025 Kamalkishor Shrigopal Taparia v. India Ener-gen Private Limited & Anr.
- 2020 Shailendra Swarup v. The Deputy Director, Enforcement Directorate
- 2010 Central Bank of India v. M/s. Asian Global Ltd. & Ors.
- 2024 Susela Padmavathy Amma v. M/s Bharti Airtel Limited
- 2014 Gunmala Sales Private Ltd. v. Anu Mehta & Ors.
- 2015 Kirshna Texport & Capital Markets Ltd. v. Ilaa. Agrawal & Ors
Of those, 3 relied on · 1 distinguished · 1 referred to · 1 mentioned
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