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AIR 2012 SUPREME COURT 2795
::2012 AIR SCW 2693
Supreme Court Of India
Hon'ble Judge(s):
Dalveer Bhandari,
S. J. Mukhopadhaya,
Dipak Misra
, JJJ
(A) Company - Not immune from criminal liability - Plea that company cannot possess necessary criminal intent - Not tenable as criminal intent of persons guiding company gets imputed to company. (Para 25) (B) Interpretation of Statutes - Deeming clause - Legal fiction created thereby is for some purpose - Court has to ascertain for what purpose legal fiction has been created, imagine fiction with all real consequences and instances and give full effect to such fiction. (Para 32) (C) Negotiable Instruments Act (26 of 1881) , S.141, S.138— Dishonour of cheque - Offence by company - Directors/other officer of company cannot be prosecuted alone - Arraigning company as accused is condition precedent for their prosecution. AIR 1984 SC 1824, Overruled.AIR 2000 SC 145 : 1999 AIR SCW 4228, Partly overruled. Section 141 of the Act is concerned with the offences by the company. It makes the other persons vicariously liable for commission of an offence on the part of the company. The vicarious liability gets attracted when the condition precedent under @page-SC2796 Section 141 namely, offence by company stan....
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