vikram singh (proprietor) 16 May 2013
Complaint under section 138 of NI Act has been filed against company but the complainant did not arrayed the director/managinging directors in the accused list, summon sent were received by the directors but did not appear, can I array the directors/Managing directors as accused no.2 at this stage? suggest with the citations and provisions of law.
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 16 May 2013
Apply to court to amend adding director's name/ name of person signed the cheque. Once allowed, send summon/ issue process against them
Advocate Bhartesh goyal (advocate) 19 May 2013
complaint is totally defective and can not be amended as no provision in Cr.P.C for amendment also it is mandatory to issue notice u/s 138 [b] of N.I.Act before filing complaint and i think no such notice had been issued to director/manager of company.Better file civil suit for recovery of amount u/order 37 of C.P.C.
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