Nominated Officer cannot be convicted if Company is not being made a party: SC

Hindustan Unilever Limited Vs State of Madhya Pradesh (Supreme Court) A three-Judge Bench of this Court in Aneeta Hada Godfather Travels & Tours Private Limited11 considered the question of conviction of the Directors in the absence of the Company in proceedings under Section 138 of the Negotiable Instruments Act, 1881 as also in the proceedings under Information Technology Act, 2000. This Court held that Section 141 of the NI Act dealing with offences by companies contemplates that every person who at the time the offence was committed, was in charge of, and was responsible to the company...