Please help me resolving the below query-
The query is as below :
1. Since Mr X had expired , Company A did not include his name in the notice u/s 138 . Is it legally right ?
2. Since Mr X had expired before the cheque was presented for payment , can section 138 be enforced?
Filing of the complaint against Company B is quite right.
Other issues are irrelevant, in the facts and circumstances of the case.
Apart from that Company "A" should also simultaneously file a summary suit under Order 37 for recovery of money. That is a sure way to recover the money.
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