Supreme Court: 'Director who's in charge of company' and 'Director who's responsible to company' are different aspects under Section 141 of NI Act

The Supreme Court in the case Hitesh Verma Versus M/S Health Care At Home India Pvt observed that there are twin requirements for an offence to fall under Section 141 of the Negotiable Instruments Act, NI Act which talks about the dishonour of a cheque committed by a company.

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The court in the case stated that the accused person should be in charge of and responsible to the company for the conduct of the business.

The bench comprising of Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing the present matter.

The court in the case stated that a complaint for dishonour of cheque was filed against a company and its directors, including the present appellant.

In the present matter, the appellant approached the High Court wherein seeking to quash this complaint.

It was argued before the court that he is/was not responsible for the day-to-day affairs of the company.