prasanna kumar (individual) 17 February 2016

Arraying company name in complain u/s138 of ni act

in a complaint u/s138 of NI act the name of the company and the name of the signatory of the cheque is mentioned in the cause tile in the following manner:-

Name of the cheue signatory,

designation,

( word) representing,

Company name,

address of Company.

Separate cause title for each one of them is not mentioned. whether it can be construed as the company is made party in the complaint. Pls opine and give citations if any.

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7 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 February 2016

I think this format gives rise to the fact that the company has not been made a party . This just suggests that the said person has been made a party to the complaint as part of the said company .

prasanna kumar (individual) 18 February 2016

a distinguished lawyer as an expert said the cause title can be amended. is there any citatioons to this effect. if the amendment can be made under what section.

Madhu Mittal (Director) 18 February 2016

Respected Sir, What about notices u/s 138, whether it is enough to amend cause title without notice to company ? This point also requires attention.

prasanna kumar (individual) 18 February 2016

complaint is valid without notice even only if the notice is issued to authorised signatory is issued.

as per 2001 (1) CTC 170 SC. pls let me know if this is overruled

prasanna kumar (individual) 18 February 2016

complaint is valid without notice even only if the notice is issued to authorised signatory is issued.

as per 2001 (1) CTC 170 SC. pls let me know if this is overruled

Madhu Mittal (Director) 18 February 2016

Respected Sir,

please give full name of citation.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 18 February 2016

I have a citation which states that a criminal complaint can be amended . However since you wish to summon an additional Accused I think the correct provision to approach would be through 319 Crpc . However if you feel that just the clerical error needs to be amended , kindly whatsapp me on 09999931153 during court hours I shall provide you with a citation which shall Help you