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artabandhu (Querist) 19 December 2010 This query is : Resolved
The cheque was issued by the secretary of a education institution.and the ceque was returned due to in sufficient balance.then is it required to mention the name of the secretary while i presenting the complaint petition before any court of law .

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Raj Kumar Makkad (Expert) 19 December 2010
Yes. because it is a criminal complaint so the name of the person signed the cheque is must.

A V Vishal (Expert) 19 December 2010
You have not mentioned who has issued the cheque is it the trust or the secretary in his personal capacity.

G. ARAVINTHAN (Expert) 19 December 2010
If the cheque is given on the name of the Institution, you can claim compensation

Advocate. Arunagiri (Expert) 19 December 2010
It is not mandatory, but is advisable, to mention the name of the secretary.

s.subramanian (Expert) 20 December 2010
You have to mention him by name and array him as an accued since he is the defacto drawer of the cheque.

Khaleel Ahmed Mohammed (Expert) 20 December 2010
Raj advised well.

M V Gupta (Expert) 20 December 2010
I agree with Mr. Rajkumar Maakkad. The secretary of the educational institution would be the main culprit. It has been held that in acts of criminal nature or neglignece done on behalf of a company, the officer of the company who has done them would be personally liable.

ashish lal (Expert) 20 December 2010
agree with Mr Gupta

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