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april 2007

Supreme Court of India · 2007-04-10

EVEREST ADVERTISING PVT. LTD. vs STATE, GOVT. OF NCT OF DELHI .

Citation / case number
SC 2005/23062
Court
Supreme Court of India
Petitioner
EVEREST ADVERTISING PVT. LTD.
Respondent
STATE, GOVT. OF NCT OF DELHI .
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the decision of the Delhi High Court regarding the liability of the Chairman and Managing Director of Dalmia Industries Ltd. under Section 138 of the Negotiable Instruments Act, 1881, for dishonored cheques issued as part payment for advertising services. The Court established that individuals in charge of a company can be held criminally liable if they are responsible for the conduct of the business and the offence is committed with their connivance. The appeal was dismissed, affirming the High Court's order to proceed with the criminal complaints against the accused.

EVEREST ADVERTISING PVT. LTD. vs STATE, GOVT. OF NCT OF DELHI . · Niyam