My Company "A" gave a loan to one "X". Was holding a Post dated Cheque. Before due date of cheque, my company "A" merged / amalgamated with another Company "B" under High Court order. On due date, cheque was presented and dishonoured. Legal Notice u/s 138 NI Act was issued by Company "A" , i.e by . the Company before merger. Based on this notice, complaint was filed by Company B, the merged entity. The accused is taking the plea that notice issued by Company "A" being a notice issued by a Comapny which is already liquidated, i.e. by a Company not existing, is a invalid notice. My plea is, the Cheque was drawn on "A" (i.e. payeee was "A") hence notice was issued by A in compliance with (a) to (c) of 138 NI Act. Pl advise what is the course of line I should take in this issue. Is there any judgement to support my case?
