138 NI Act
Yunis
(Querist) 10 May 2017
This query is : Resolved
A drew cheques, brother of B. B was in business affairs with C and to liquidate the balance amount B gave two cheques to C ( actually drawn by A). Notice sent to B only and only B has been made as accused in the complaint.
Is complaint maintainable?
Can a notice to brother be construed as a notice to drawer?
Can a person who has not been served with notice be arrayed as accused under section 319CrPC?
Urgent
Yunis
(Querist) 10 May 2017
Correction in 4th line (actually drawn by A)
Nadeem Qureshi
(Expert) 11 May 2017
Dear Yunis
the person who signed the cheque should be mandatory, if not a party then the complaint is liable to be dismissed and the other accused can be discharge as they have no concerned about cheque but if there is a company and the present accused is having control over the company then he can be prosecuted as company person.
Feel Free to Call
Dr J C Vashista
(Expert) 12 May 2017
An academic question should be guided by a tutor.
How you are concerned i.e., as drawer or drawee of the cheque, student or lawyer?
