Supreme Court of India
Pawan Kumar Goel v. State of U. P. & Another
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, arguments advanced by learned counsel for the appellant that an additional accused can be impleaded subsequent to the filing of the complaint merits no consideration, once the limitation prescribed for taking cognizance of the offence under Section 142 of NI Act has expired.
Judgment, page 18
From the headnote
Negotiable Instrument Act, 1881 – ss. 138, 141, 142 – Whether a director of a company would be liable for prosecution u/s. 138 of NI Act without the company being arraigned as an accused – Hel d: If the complainant fails to make specific averments against the company in the complaint for the commission of an offenc e u/s. 138 of NI Act, the same cannot be rectified by taking recours e to general principles of criminal jurisprudence – The provisions of s.141 impose vicarious liability by deeming fiction which pre-su pposes and requires the commission of the offence by the compan y or firm –
Authorities it was built on
- 2005 S.M.S. Pharmaceuticals Ltd v. Neeta Bhalla and Anr.
- 2012 Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd.
- 2009 K.K. Ahuja v. V.K. Vora and Anr.
- 2001 Rajneesh Aggarwal v. Amit J. Bhalla
- 2017 N. Harihara Krishnan v. J. Thomas
- 1998 State of Haryana v. Brij Lal Mittal and Ors.
- 2019 Himanshu v. B. Shivamurthy & Anr.
Where later benches applied it
Of those, 1 distinguished
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