in my opinion if accused being father died and the son is managing the propritorhip business of father then son also should be made party along with father otherwise it will be a mischief rule wherein many elderly senior citizens will become proprietor and bounce cheques and thus in my opinion when business is propritorsship managed by son or other and signed by propritor son can also be tried for offence
In my case bounced cheque is issued by a Director of a Private Limited Company. Complained has been filed under Sec 138 NI act against The Company and also against the Director of the company who signed the on behalf of the Company. Now this Director has died.
1. So can another Director of this Company cab be included in the complaint now at this stage? I yes, what will be the procedure for this
2. If not, will the case still continue against the Company and who will represent the Company in the Court?