The complainant files a case in the court under section-138 of the negotiable instrument act.
He files the case against the company, directors, signing authority on the cheques & the shareholders.
On the 1st date, the complainant fails to present the form-32.
Hence, the court summons the company as well as the signing authority on the cheques but does not summon the directors or the shareholders.
On a later date, the complainant presents the articles of association of the accused company as well as the details from the website of the mca.gov.in wherein the name of the shareholders are clearly mentioned.
The complaint files an application before the court that a person who holds 90% equity shares of the company happens to be the main accused & hence he must be summoned.
The court says that it has already summoned the company as well as the signing authority on the cheques & would summon this person who holds the 90% equity shares only after the complainant presents before it any case of any other court wherein the court may have issued the summon twice.
Kindly help me in narrating any case study wherein the court might have issued the summon twice.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup