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Tamil Nadu News Print & Papers Ltd. v. D.Karunakar & Ors.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 1846-1847 of 2008)Decided 6 Aug 2015
Criminal Appeal Nos. 1846-1847 of 2008
Justice Anil R. Dave · Justice Amitava Roy

Background

Tamil Nadu News Print & Papers Ltd. received a cheque for about Rs. 57.68 lakh from Manito Electronics Pvt. Ltd. that was later dishonoured, so it filed a criminal complaint against the company and its directors under the cheque-bounce law. The Madras High Court quashed the proceedings against most of the directors (keeping the case alive only against the company and its Managing Director), holding that the complaint did not specifically say they were in charge of the company's day-to-day business. The complainant company appealed to the Supreme Court, arguing the complaint did in fact contain that averment.

Decision Breakdown

The Supreme Court examined the complaint itself and found that it did specifically allege the other directors (Accused Nos. 3 to 10) were in charge of the day-to-day business of the company: contrary to what the High Court had stated. Relying on its earlier ruling in S.M.S. Pharmaceuticals Ltd. vs. Neeta Bhalla (which requires such a specific averment for liability under Section 141), the Court held the High Court had erred in finding no such statement existed, and noted the directors' evasive conduct (refusing notice, unknown whereabouts) further undercut their position. The Court set aside the High Court's order, restored the criminal proceedings against all the accused, and directed the trial court to proceed expeditiously.

Lesson Learnt

Being named a company director alone doesn't create criminal liability for a bounced cheque, but if a complaint specifically alleges that a director was actually in charge of the company's day-to-day business, courts cannot quash the case against that director by overlooking or misreading that allegation.

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

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