Supreme Court of India
Everest Advertising Pvt. Ltd. v. State, Govt. of Nct of Delhi 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.
2 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 8
From the headnote
Code of Criminal Procedure, 1973-Recal/ing of erroneous order of issuance of summons-Jurisdiction of Magistrate-Held: Magistrate has no jurisdiction to recall such order-Magistrate does not have inherent jurisdiction. Negotiable Instruments Act, 1881-s.141-Dishonour of cheque issued by Company---Gomp/aint against the Company as well as Chairman and Managing Director thereof-Payment of the amount through cheque made after meetings in which the Chairman and Managing Director participated- They also participated in negotiations as a result of failure to niake payment Jssuance of summons to the
Where later benches applied it
- 2016 Standard Chartered Bank v. State of Maharashtra and Others Etc.
- 2012 Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd.
Of those, 2 referred to
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