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Shinkar Karan (Regional Head)     01 October 2012

Section 138 ni act

Cheque was issued by a company & it is bounced due to insufficient funds in the company's account. The receiver filed a case under section 138 of NI act. The complaint filed cases directly on the directors of the company without making company party to it. This was chanllaged on technical grounds. Complaint moved to court & applied for alteration in the complaint. I want to know is this possible specially when the case is already opened & complaint had not issued notice making company as 1st accused.



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 4 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     01 October 2012

This a basic locuna and can be cured by amendment in the complaint. The accused should fight on this point alone and there will be positive results.

Shinkar Karan (Regional Head)     01 October 2012

Thanks for quick response.

adv. rajeev ( rajoo ) (practicing advocate)     01 October 2012

Complaint cannot be amended, but he can file an application to add the co., as party to the proceedings.

P.K.Haridasan (Advocate)     02 October 2012

Hope you mean a private limited or public limited company. This is a  technicality question indeed.


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