Averment that accused was at time of offence in charge of and responsible for conduct of business of company - Is essential - Director of Company - Not deemed to be vicariously liable merely by virtue of office he holds.

Citation

AIR 2005 SUPREME COURT 3512

SUPREME COURT

(From : 2002 (1) Andh LT (Cri) 127)

Y. K. SABHARWAL , J. and ARUN KUMAR , J. and B. N. SRIKRISHNA , J.

Criminal Appeal No. 664 of 2002 with SLP (Crl) Nos. 2286 of 2002, 1926-1927, 2090-2091 and

2214 of 2003, 4795, 4992, 5073, 5097 and 5130 of 2004 and 612 to 616 of 2005, D/- 20 - 9 - 2005

S.M.S. Pharmaceuticals Ltd v. Neeta Bhalla and Anr

(A)Negotiable Instruments Act (26 of 1881), S.141, S.138 - Dishonour of cheque - Offence

by company - Complaint - Averment that accused was at time of offence in charge of and

responsible for conduct of business of company - Is essential - Director of Company - Not deemed

to be vicariously liable merely by virtue of office he holds.