Supreme Court of India · 2014-07-07
Anil Gupta vs Star India Pvt.Ltd.& Anr
- Citation / case number
- AIR 2014 SUPREME COURT 3078
- Court
- Supreme Court of India
- Petitioner
- Anil Gupta
- Respondent
- Star India Pvt.Ltd.& Anr
- Bench
- V. Gopala Gowda, Sudhansu Jyoti Mukhopadhaya
Judgment text excerpt
The Supreme Court held that the High Court's decision to quash the summons against the respondent company under Section 138 and 141 of the Negotiable Instruments Act, 1881 was justified as the initial notice was deemed invalid. However, the Court affirmed the validity of the summons against the appellant, establishing that a director can be held liable even if the company is not impleaded, as per the precedent set in Anil Hada v. Indian Acrylic Ltd. The Court concluded that the complaint against the appellant was maintainable since the second notice was issued within the limitation period.