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Sandeep Jagtap   17 February 2024

Negotiable Instruments Act

An organisation issued a cheque and the same is dishonoured.
The cheque is signed with president and secretary.
Only president and secretary can be arraigned or the same organisation should also be arraigned????
what if only president and secretary are accused in the complaint?


Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     17 February 2024

Since cheques was issued by organisation so arraying organisation as accused with the persons signed on cheque is must and complaint filed  without arraying  organisation is not maintainable. 

T. Kalaiselvan, Advocate (Advocate)     17 February 2024

It is mandatory to implead the organisation also as one of the accused in the cheque bounce private criminal complaint.

If the organisation is not impleaded as necessary party then it will become fatal to your case.

Dr. J C Vashista (Advocate )     18 February 2024

I agree with learned experts.

The organisation as well as signitory to the dishonoured cheque sall be made a party as accused to a complaint u/s 138 of NI Act, 1881. 

 


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