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december 2016

Supreme Court of India · 2016-12-14

SHARAT BABU DIGUMARTI vs GOVT OF NCT OF DELHI

Citation / case number
SC 2015/30317
Court
Supreme Court of India
Petitioner
SHARAT BABU DIGUMARTI
Respondent
GOVT OF NCT OF DELHI
Author
Dipak Misra
Bench
PRAFULLA C. PANT DIPAK MISRA

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 85 of the Information Technology Act, 2000, in conjunction with Section 141 of the Negotiable Instruments Act, 1881. The Court held that for a director of a company to be prosecuted under Section 292 IPC and Section 67 of the IT Act, the company must also be impleaded as an accused, establishing that the commission of an offence by the company is a prerequisite for vicarious liability. Consequently, the prosecution against the directors without the company being named was deemed improper, leading to the quashing of the proceedings against them.

SHARAT BABU DIGUMARTI vs GOVT OF NCT OF DELHI · Niyam