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2020 (11) TMI 1021 - SC - Indian LawsDishonor of Cheque - whether the course adopted by the High Court to remand the matter to the trial court after more than 30 years to cure the defect which goes to the root of the trial, though permissible in law, is justified? - offences by companies - Section 141 of the NI Act - HELD THAT:- A three-Judge Bench of this Court in ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT] considered the question of conviction of the Directors in the absence of the Company in proceedings Under Section 138 of the Negotiable Instruments Act, 1881 For short, the NI Act as also in the proceedings under Information Technology Act, 2000. This Court held that Section 141 of the NI Act dealing with offences by companies contemplates that every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Application disposed off.
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