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Anil Saraogi (Advocate)     22 August 2022

Is nego. instru. complaint against company without s-141 maintainable?

Here is an interesting query.

Normally in Negotiable Instrument Matters against Company, s-138  & 141 are pleaded but either Company or signing director are not impleaded. It is settled law that such cases are not maintainable.

But here is a case where Company and signing Director are impleaded. But the Complaint is filed only under S 138 and there no mention of S 141 anywhere in Complaint or Affidavit or notice.

Is the case against company maintainable without averring s-141?

Any case laws on this law point?




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