Supreme Court of India
A.K. Singhania v. Gujarat State Fertilizer Co. Ltd. & Anr.
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: G (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 12
From the headnote
NEGOTIABLE INSTRUMENTS ACT, 1881: s. 141 rlw s. 138 - Complaint against a company, its Chairman, Managing Directors and Directors - Petitions· by two directors seeking to quash the proceedings against them c - Held: In case of offence by company for dishonour of cheque, culpability of Directors has to be decided with 0 reference to s. 141 -- To bring the Directors within the mischief of s. 138, it shall be necessary to allege that at the relevant time they were in charge of and responsible to the conduct of business of the Company -- It is necessary ingredient to proceed against such
Authorities it was built on
Where later benches applied it
- 2025 Hdfc Bank Limited v. State of Maharashtra and Anr.
- 2016 Standard Chartered Bank v. State of Maharashtra and Others Etc.
Of those, 2 referred to
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