Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2012

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.

Aneeta Hada vs M/S Godfather Travels & Tours Pvt.Ltd · Niyam