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Sunil Todi v. State of Gujarat

Criminal Appeal · 2021 INSC 823Decided 3 Dec 2021
Criminal Appeal No. 1446 of 2021
Dr. Justice D.Y. Chandrachud · Justice A.S. Bopanna

Background

A company issued a cheque for over Rs. 2.67 crore toward payment security for power supply, which was dishonoured, leading to a criminal complaint under Section 138 of the Negotiable Instruments Act against the company's directors and managing director. The accused directors approached the Gujarat High Court under Section 482 CrPC to quash the complaint and the summoning order, but the High Court dismissed their petitions. They then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court dismissed the appeals, holding that the question of whether a director was actually "in charge of and responsible for" the company's affairs under Section 141 of the NI Act is a matter to be established at trial, not decided at the quashing stage, especially where, as here, the accused include the Managing Director (for whom no separate averment of responsibility is even required) and other directors against whom the complaint contained sufficient prima facie averments. The Court held that the Magistrate had properly exercised discretion in issuing summons, and the High Court was right not to interfere with that exercise of discretion.

Lesson Learnt

Directors of a company cannot get a cheque-bounce criminal complaint quashed merely by arguing they were not responsible for the company's affairs: that is a defence to be proved at trial, not a ground to stop the prosecution at the threshold, particularly for a Managing Director.

Official source (sci.gov.in)View Judgment (PDF)

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