Bharat Mittal v. State of Rajasthan ; 2025 INSC 1459 - S.148 NI Act - Company Director - Referred to Larger Bench

Note

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Negotiable Instruments Act 1881 - Section 138,141, 148 - The issue referred to the Larger Bench: Whether, upon a conviction under Section 138 read with Section 141, the appellate deposit contemplated by Section 148 may be directed against a convicted director/authorized signatory, or whether such deposit is confined to the juristic “drawer/company” alone in all scenarios? - Disagreed with the view in Shri Gurudatta Sugars Marketing Pvt. Ltd. v. Prithviraj Sayajirao Deshmukh and Bijay Agarwal v. Medilines which has the effect of granting a blanket exemption from the deposit contemplated under Section 148 to the category of persons referred to in Section 141 of the Act in situations where the company cannot be prosecuted. (Para 71-74)