Tagged “company-prosecution”

Aneeta Hada v. Godfather Travels & Tours (2012): arraigning the company is a sine qua non under s.141

A three-judge bench of the Supreme Court held that a prosecution under Section 141 of the Negotiable Instruments Act cannot stand against a director or authorised signatory unless the company itself is arraigned as an accused. Vicarious liability is derivative, and the principal offender must be on the record before secondary liability can attach.