Supreme Court of India · 2012-04-27
Aneeta Hada vs M/S Godfather Travels & Tours Pvt.Ltd
- Citation / case number
- AIR 2012 SUPREME COURT 2795
- Court
- Supreme Court of India
- Petitioner
- Aneeta Hada
- Respondent
- M/S Godfather Travels & Tours Pvt.Ltd
- Author
- Dipak Misra
- Bench
- Dipak Misra, Sudhansu Jyoti Mukhopadhaya, Dalveer Bhandari
Judgment text excerpt
The Supreme Court addressed the liability of an authorised signatory under Section 138 of the Negotiable Instruments Act, 1881, holding that prosecution under this section requires the company to be arraigned as an accused. The Court emphasized that the legal fiction in Section 141 necessitates the impleadment of the principal offender, which is the company in this case. The appeals were linked due to a common legal question regarding the interpretation of Sections 138 and 141, ultimately leading to the conclusion that without the company being accused, the prosecution against the signatory cannot proceed.