Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1881 : ss. 141(1) and 141(2) 1973-s. 205 Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act, 1881 : ss. 141(1) and 141(2)-Applicability of-Complaint u/s 138 of the Act and ss. 420 and 114 of Penal Code filed against a company and its employees and Directors-Application by employees and Directors for dropping the proceedings contending that at the alleged time, they were not in-charge and/or responsible to the company-Rejected by trial court as also by High Court-Held, whether a person is in charge or responsible to the company for conduct of its business and whether allegations are sufficient to attract culpability as also whether requirements for application of deeming provision under subs. (2) of s. 141 exist or not, are the questions to be adjudicated at the trial-High Court rightly rejected appellant's petition-However, trial court may consider the applications of appellants if any, filed under s. 205 of the Code for dispensing with their personal attendance-Code of Criminal Procedure, 1973. S. 205 Respondent No. 1 filed a complaint against a company and its employees and Directors, for committing offences under s. 138 of the Negotiable Instruments Act, 1881 and ss. 420 and 114 of the Indian Penal Code. Appellants, employees and Directors of the said company, filed an application before the Chief Judicial Magistrate to drop the proceedings. The application was rejected. The appellants approached the High Court contending that there was no material to show that at the time of commission of alleged offences, they were in charge and/or responsible to the company for the conduct of the business as required under s. 141(1) of the Act; and that the deeming provision under sub -s. (2) of s. 141 was also not applicable. The High Court rejected both the pleas and held that the controversy was to be adjudicated at the trial. Aggrieved, the employees and Directors of the company filed the present appeal. Besides the arguments on merits, it was contended for the appellants, that identical issues are pending consideration in some cases before a larger Bench of the Supreme Court and, therefore, the instant appeal should also be tagged with those cases. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 229 |
Petitioner | S.v. Muzumdar And Ors. |
Respondent | Gujarat State Fertilizer Co. Ltd. And Anr. |
SCR | [2005] 3 S.C.R. 857 |
Judgement Date | 2005-04-25 |
Case Number | 609 |
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