Supreme Court of India · 2000-09-12
K.P.G. Nair vs Jindal Menthol India Ltd.
- Citation / case number
- AIRONLINE 2000 SC 80
- Court
- Supreme Court of India
- Petitioner
- K.P.G. Nair
- Respondent
- Jindal Menthol India Ltd.
- Bench
- S.S.M. Quadri, S.N. Phukan
Judgment text excerpt
The Supreme Court held that for liability under Section 138 of the Negotiable Instruments Act, the complainant must establish that the accused was in charge of and responsible for the conduct of the business at the time the offence was committed, as per Section 141(1) N.I. Act. The Court found that the High Court erred in dismissing the appellant's petition under Section 482 without sufficient evidence to show the appellant's involvement at the relevant time. Consequently, the order of the High Court was set aside, allowing the appellant's challenge to the criminal proceedings.