Supreme Court of India · 2014-03-25
Mannalal Chamaria & Anr vs State Of West Bengal & Anr
- Citation / case number
- AIR 2014 SC (CRIMINAL) 1030
- Court
- Supreme Court of India
- Petitioner
- Mannalal Chamaria & Anr
- Respondent
- State Of West Bengal & Anr
- Author
- Madan B. Lokur
- Bench
- Madan B. Lokur, Ranjana Prakash Desai
Judgment text excerpt
The Supreme Court held that under Sections 138 and 141 of the Negotiable Instruments Act, 1881, a complaint must specifically allege that the accused was in charge of and responsible for the conduct of the business of the company at the time of the offence. The Court found that the original complaint did not name the appellants or contain sufficient allegations against them, leading to the conclusion that the impleadment was improper. Consequently, the Court set aside the High Court's order and quashed the summons issued to the appellants.