Ni act complaint and notice

Querist : Anonymous (Querist) 15 April 2024 This query is : Resolved
Notice u/s 138 of NI Act is issued to co., only. There is no single word of that, it is represented by Managing Director. Complaint is also filed same. In my opinion complaint is not maintainable without directors are parties
Kindly reply me and if any citations please let me know.

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This discussion clarifies that a complaint under Section 138 of the NI Act, when filed against a company, is generally not maintainable if only the company is named. For such a complaint to be valid, the signatory of the cheque or an authorised director/signatory of the company must also be included as a party to the proceedings.

T. Kalaiselvan, Advocate (Expert) 15 April 2024
Complaint Case u/s 138 of NI Act can be filed against drawer of the cheque whether he is an individual, Pvt. Ltd./Limited company, or partnership firm (Whether Registered or Unregistered). But if the drawer of cheque is a Pvt. Ltd./Limited company, or partnership firm (Whether Registered or Unregistered). Then in that complaint case u/s 138 of NI Act the company/Partnership firm along with the person who signed the said cheque will be made a party to it.

Advocate Bhartesh goyal (Expert) 16 April 2024
Complaint u/sec 138 of N.I.Act against only company is not maintainable until and unless signatory of cheque or iDirector/authorized signatory of company are not arraigned.

P. Venu (Expert) 27 April 2024
The query is short of material facts.

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