Supreme Court of India
National Housing Bank v. Bherudan Dugar Housing Finance Ltd. & Ors. Etc.
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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
Issue for Consideration On a complaint filed u/s. 200 CrPC, wherein the Magistrate took cognizance of the complaint for the offence u/s. 29A (i) read with s. 50 and punishable u/s. 49 (2A) of the 1987 Act against the first respondent-company, second accused-Managing director and other five accused as directors, whether the High Court was justified in quashing the complaint in its entirety, holding that the requirements of sub-Section (1) of s. 50 of the 1987 Act are similar to the requirements incorporated in s. 141 of the Negotiable Instruments Act, 1881, which were not complied with by the
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