Supreme Court of India · 2008-05-08
ANEETA HADA vs M/S GODFATHER TRAVELS & TOURS PVT.LTD.
- Citation / case number
- SC 2007/10549
- Court
- Supreme Court of India
- Petitioner
- ANEETA HADA
- Respondent
- M/S GODFATHER TRAVELS & TOURS PVT.LTD.
- Author
- DALVEER BHANDARI,SUDHANSU JYOTI MUKHOPADHAYA,DIPAK MISRA
- Bench
- DALVEER BHANDARI,SUDHANSU JYOTI MUKHOPADHAYA,DIPAK MISRA
Judgment text excerpt
The Supreme Court addressed the liability of an authorized signatory under Section 138 of the Negotiable Instruments Act, 1881, holding that a signatory can be prosecuted without the company being arraigned as an accused, provided there is sufficient evidence of their involvement. The Court clarified that the provisions of Section 141, which deals with the liability of company officers, do not necessitate the company’s presence as an accused for prosecution to proceed against individuals. The appeals were dismissed, affirming the High Court's decision to not quash the proceedings against the signatories.