Reply To: Section 141 of NI Act deals with offences by companies extending the liability to every individual; who when the offence was committed was responsible for conduct of business

Checkout Forums Civil Law Discourse Section 141 of NI Act deals with offences by companies extending the liability to every individual; who when the offence was committed was responsible for conduct of business Reply To: Section 141 of NI Act deals with offences by companies extending the liability to every individual; who when the offence was committed was responsible for conduct of business

#118331
advtanmoy
Keymaster

It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company. This averment is an essential requirement of Section 141 and has to be made in a complaint. Without this averment being made in a complaint, the requirements of Section 141 cannot be said to be satisfied.

REF-

1 (2012) 5 SCC 661

2 (2005) 8 SCC 89

3 (2018) 13 SCC 663

4 (1999) 5 SCC 693

5 (2001) 1 SCC 631

6 (2019) 3 SCC 797

7 (2009) 10 SCC 48

8 (1998) 5 SCC 343

9 (2001) 10 SCC 218