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K.Suresh vs State Rep.By
cites
Section 141 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 409 in The Indian Penal Code, 1860 [Entire Act]
The Negotiable Instruments Act, 1881
Section 420 in The Indian Penal Code, 1860 [Entire Act]
National Small Industries Corp.Ltd vs Harmeet Singh Paintal & Anr on 15 February, 2010
In National Small Industries Corpn. [National Small
Industries Corpn. Ltd. v. Harmeet Singh Paintal, (2010) 3 SCC
330 : (2010) 1 SCC (Civ) 677 : (2010) 2 SCC (Cri) 1113] this
Court observed: (SCC p. 336, paras 13-14) “13. Section 141 is
a penal provision creating vicarious liability, and which, as per
settled law, must be strictly construed. It is therefore, not
sufficient to make a bald cursory statement in a complaint that
the Director (arrayed as an accused) is in charge of and
responsible to the company for the conduct of the business of
the company without anything more as to the role of the
Director. But the complaint should spell out as to how and in
what manner Respondent 1 was in charge of or was
responsible to the accused Company for the conduct of its
business. This is in consonance with strict interpretation of
penal statutes, especially, where such statutes create vicarious
liability.