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march 2014

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.

Mannalal Chamaria & Anr vs State Of West Bengal & Anr · Niyam